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2025 DAILYLAW 4958 (JHR)

JAMSHEDPUR NOTIFIED AERA COMMITTEE THROUGH ITS ACCOUNTS OFFICER, CHANDRAGUPT ASHOK VARDHAN v. UNION OF INDIA

WPC/3442/2025 · 2025-07-30

Rajesh Kumar

Writ Petition (Civil)body2025

Judgment text

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2025:JHHC:21021 1 W.P.(C) No.3442 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.3442 of 2025 ---- Jamshedpur Notified Area Committee through its Accounts Officer, Chandragupt Ashok Vardhan Age-29 S/o Umesh Tiwary, Office at Sakchi, P.O & P.S-Sakchi, Jamshedpur, District-East Singhbhum …. …. Petitioner -Versus- 1. Union of India 2. The Regional Provident Fund Commissioner, Employees Provident Fund Organization, Ministry of Labour and Employment, Government of India, Regional Office, Bhavishya Nidhi Bhawan, P.O & P.S – Sakchi, Jamshedpur, District –East Singhbhum …. …. Respondents ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Petitioner : Mr. Krishna Kumar, Advocate For the UOI : Mr. Anil Kumar, ASGI, AC to Sr. S.C-II : Mrs. Nitu Sinha, CGC For the Respondent No.2 : Mr. Bharat Kumar, Advocate ---- 02/Dated: 30th July, 2025 1. The present writ petition has been filed for following relief:- “(i) For issuance of writ in the nature of certiorari for quashing the letter vide No.1573 dated 09.01.2025(Annexure -4) whereby and were in the respondent has directed the petitioner to deposit the outstanding dues of 1386737/- within 10 days of issue of the aforesaid letter failing which, further recovery action including warrant of arrest as well as filing of prosecution against the responsible person will be initiated as per law. The aforesaid letter has been issued arbitrarily by the respondent no.2 even after the matter of payment of Dues is before the Central Government Industrial Tribunal No.2-cum-Appellate Authority under the EPF Act 1952, Dhanbad and the said matter is pending before the Tribunal. The action which the Respondent no. 2 has taken against the petitioner is sheer blatant disregard for the Central Government Industrial Tribunal (CGIT) which is a court that adjudicates industrial disputes in India. The CGIT is established under court the Industrial Disputes Act of 1947.” 2025:JHHC:21021 2 W.P.(C) No.3442 of 2025 2. During the course of argument, notification bearing LCT No.31/2025/81 dated 14.07.2025 passed by the Presiding Officer, CGIT-cum-Labour Court No.2, Dhanbad has been produced before this Court by the learned counsel for the respondent-EPFO which suggest that the appellate authority has been notified. From perusal of the said notification, it appears that the appellate authority is now functional. Let the said notification be kept on record. 3. In that view of the matter, learned counsel for the petitioner seeks permission to withdraw the present writ petition with a liberty to pursue his remedy before the appellate authority. 4. Learned counsel for the respondents have raised no objection. 5. Accordingly, the present writ petition is hereby, disposed of with the aforesaid liberty. 6. The petitioner is directed to approach before the appellate authority and the appellate authority is directed to decide the issue as expeditiously as possible as the appellant has not to suffer from the rigour of the original order. (Rajesh Kumar, J.) Raja/- Uploaded