1 21.08.2026 Item No.10 Court No. 30 skg WPA 22134 of 2026 The Braithwaite Burn & Jessop Construction Company Limited -vs- Regional Provident Fund Commissioner-II Regional Officer, Kolkata, Employees Provident Fund & Anr. Mr. Soumya Majumder, Sr. Adv. Ms. Sanjukta Dutta, Adv. Ms. Sharmistha Ghosh, Adv. Mr. Ranit Ray, Adv. … for the Petitioner 1. Affidavit of service filed be kept with the record. 2. The writ application has been preferred praying for direction upon the respondent authorities to consider the representations made by the petitioner and furnish the details as provided in paragraph 21. The writ petitioner further prays for orders restraining the respondents from taking any coercive step pursuant to the demand notice dated 5th December, 2023 until the aforesaid particulars and calculations are furnished to the petitioner and the petitioner’s objections are duly considered and disposed of. 3. Mr. Majumder, the learned Senior Counsel appearing for the petitioner submits that the authority concerned has passed the impugned order dated 15.02.2016 wherein the authority has stated among others as follows: 2 “EPFO has paid interest on such contribution from 06/1988 to the subscribers” 4. The said order was challenged in an appeal before the Central Government Industrial Tribunal at Kolkata in EPF no.09/2016 and the learned tribunal vide order dated 21st June, 2023 was pleased to consider the case of the petitioner herein and pass an order of remand as follows: “in the circumstances it would be appropriate to set aside the order and remit the matter to the respondent. Therefore, the matter is remitted to the respondent to pass a fresh order after taking into consideration the departmental circulars mentioned above by giving an opportunity of hearing to the Appellant. The appellant too is directed to comply the provisions of Section 15 of the Act and para 28 of the Scheme as directed above. Accordingly, the EPF Appeal No.9 of 2016 is hereby allowed and disposed of” 5. The petitioner states that the matter is being reconsidered by the authority concerned and the petitioner’s representation dated 24.06.2026 stating the petitioner’s case is before the said authority. 6. The petitioner now prays that the said representation be duly considered by the authority concerned and the said hearing on remand be conducted on providing the details to the petitioner 3 as to the statement made in the impugned order dated 15.02.2016 wherein the authority has stated that EPFO has paid interest on such contribution from 06/1988 to the subscribers. 7. None appears for the opposite party in spite of service and accordingly, the writ application is disposed of with the direction that the respondent/PF Authority shall consider the representation preferred by the petitioner dated 24.06.2026 and also provide the statement relating to the interest paid by the EPFO on such contribution from 06/1988 to the subscribers prior to such hearing. 8. Admittedly the hearing an order of remand dated 21st June, 2023 has not been considered. As such the impugned notice dated 5th December, 2023 passed in the interim period being not in accordance with law is quashed and set aside. 9. The writ application being WPA 22134 of 2026 stands disposed of. 10. There shall be no order as to costs. 11. Urgent Photostat certified copy of this order, if applied for, be given to the parties on usual undertaking. (Shampa Dutt (Paul), J.)