Page No.# 1/4 GAHC010084462025 2025:GAU-AS:5100 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2209/2025 KETTELA TEA CO PRIVATE LIMITED A COMPANY DULY REGISTERED UNDER THE PROVISIONS OF COMPANY ACT 1956 HAVING ITS REGD OFFICE AT PO BORGANG IN THE DISTRICT OF BISWANATH ASSAM 784167 AND IST REP BY ONE OF ITS DULY AUTHORIZED DIRECTOR SHRI HATI MALL PANCHA S/O LTY DEO CHAND PINCHA R/O KETTELA TEA ESTATE PO BORGANG DIST BISWANATH ASSAM 784167 VERSUS THE ASSAM TEA EMPLOYEES PROVIDENT FUND ORGANISATION REPRESENTED BY ITS SECRETARY CUM PROVIDENT FUND COMMISSIONER NIDHI BHAWAN LALMATI NH 37 BASISTHA GUWAHATI 781029 ASSAM 2:THE FUND CONTROL OFFICER ATEPFO NORTH LAKHIMPUR 3:THE RECOVERY OFFICER ASSAM TEA EMPLOYEES PROVIDENT FUND ORGANISATION TEZPUR ZONE NIDHI BHAWAN NIKAMUL SATRA NAZGAON TEZPUR 784154 ASSAM 4:SOPANAM ENTERPRISES (P) LTD HAVING IST REGISTERED OFFICE AT 3837 GALI LOHE WALI CHAWRI BAZAR NEW DELHI 110006 AND IST FACTORY AT KETTELA TEA FACTORY PO BORGANG DIST BISWANATH ASSAM 78416 Advocate for the Petitioner : MR G SAHEWALLA, MR M SAHEWALLA,MS T J SAHEWALLA,MS. S. TODI Advocate for the Respondent : SC, ATEPFO, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 28.04.2025 Heard Mr. G.N. Sahewalla, learned Sr. Counsel for the petitioner assisted by Ms. T.J. Sahewalla. Also heard Mr. N.C. Das, learned Sr. Counsel assisted by Ms. J. Baishya, learned counsel for the respondent Nos.1, 2 & 3. 2. The petitioner is aggrieved with the non-action on the part of the respondent authorities, in not taking a decision regarding the petitioner’s proposal to pay the interest and administrative charges on the provident fund payable by the petitioner, on instalment basis, even though the majority of the principal dues have been paid by the petitioner. 3. The petitioner’s counsel submits that a hearing had been held in the office of the Chairman, Board of Trustees of the respondent Nos.1, 2 & 3 on 21.03.2025, pursuant to the letter dated 12.03.2025, issued by the Secretary- cum-P.F. Commissioner, Board of Trustees of the Assam Tea Employees Provident Fund Organization, regarding the deposit of arrear provident fund dues of the petitioner. 4. The petitioner’s counsel submits that the respondent Nos.1, 2 & 3 were to take a decision pursuant to the hearing held on 21.03.2025. However, without taking a decision with regard to the hearing held on 21.03.2025, the respondents have issued Warrant of Attachment of Movable Property of the petitioner vide letter dated 03.04.2025 issued by the Recovery Officer, Tezpur Page No.# 3/4 Zonal Office. 5. The petitioner’s counsel submits that if there is any principal amount of provident fund payable by the petitioner, the same will be paid within a period of 1(one) month from today. However, in the meantime, a decision should be taken on the basis of the petitioner’s proposal, for payment of the interest and the administrative charges of the provident fund payable by the petitioner, in instalments. 6. Mr. N.C. Das, learned Sr. Counsel for the respondent Nos.1, 2 & 3 submits that a decision will be taken soon with regard to the hearing held on 21.03.2025 in the office of the Chairman, Board of Trustees of the respondent organization. He submits that the petitioner’s proposal for payment of the interest and administrative charges in instalments can be decided by the respondent Nos.1, 2 & 3. 7. It is also noticed that the provident fund authorities had apparently allowed some other organization to pay the arrear provident fund dues in instalments, as has been reflected in the case of G.D. Tie Up Pvt. Ltd. Vs. State of Assam & Ors., reported in 2012 (2) GLT 851. 8. In view of the consent of the parties, this writ petition is being disposed of at the motion stage, with a direction to the petitioner to deposit the principal amount of the provident fund payable by the petitioner. In this respect, the respondent Nos.1, 2 & 3 shall intimate to the petitioner, the principal amount payable by the petitioner as on date, within a period of 1(one) week from today. The petitioner shall then pay the said principal amount within a further period of Page No.# 4/4 1(one) month from the date of receipt of the intimation. The respondents shall thereafter take a decision with regard to the petitioner’s proposal for payment of the interest and administrative charges of the provident fund, payable by the petitioner, in instalments, within a further period of 3(three) weeks and intimate the same to the petitioner. Till a decision is taken by the respondent authorities with regard to the proposal of the petitioner, to pay the interest and administrative charges of the provident fund in instalments, the Warrant of Attachment of Movable Property vide letter dated 03.04.2025 shall not be acted upon and the same shall be subject to the outcome of the decision to be taken by the respondent authorities. 9. The writ petition is accordingly disposed of. JUDGE Comparing Assistant