IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16191 of 2004 M/s Bihar Food and Civil Supplies Corporation Limited through Sri Awadh Kishore Pandey, In-charge District Manager, Rohtas at Sasaram. ……..Petitioner Versus 1. The Regional Provident Fund Commissioner, Bihar, Patna (C & R), Bihar, Patna, Road No.6, R. Block, Patna. 2. The Assistant Provident Fund Commissioner, Bihar, Patna, Road No.6, R. Block, Patna. 3. The Recovery Officer, in the office of the Regional Provident Fund Commissioner, Bihar, Patna, Road No.6, R. Block, Patna. ……….Respondents ----------- For the Petitioner : Mr. Amrendra Narayan Rai, Advocate For the respondents : Mr. Bhupendra Kumar Verma, Advocate ----------- 3/ 25.04.2011 Heard the parties. 2. The petitioner has filed the present writ petition questioning the validity and legality of the order dated 15.10.2004 (Annexure-7) passed by respondent no.1 in exercise of his powers under Section 14-B of The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (in short Act) 3. Learned counsel for the petitioner has fairly submitted that at that time, a Tribunal contemplated under the provisions of the Act, 2 having power to hear an appeal in terms of Section 7-I of the Act was not functioning, therefore, the petitioner had no option, but to approach this Court by filing the present writ petition. He further submits that now the Tribunal has been constituted and if this Court is inclined to relegate the matter to the appellate forum, then some observation be made for condonation of delay in filing such an appeal. 4. Learned counsel appearing on behalf of the respondents submits that period for filing an appeal in terms of Section 7-I of the Act is prescribed for 60 days only. However, on sufficient cause that period can be enlarged. 5. After having heard the parties, this Court is of the considered opinion that the petitioner must exhaust his alternative remedy of appeal, as provided under the Act. Accordingly, the present writ petition is permitted to be withdrawn with a liberty to the petitioner to file an appeal within a period of four weeks from today. If such an appeal is filed within the aforesaid period, and a petition for condonation of delay is also filed, then appellate authority shall 3 take into consideration that the present writ petition was filed on 21.12.2004 and remained pending before this Court till date. In the facts and circumstances of the case, learned appellate authority shall be obliged to consider the appeal of the petitioner on merit, after condonation of delay in filing such an appeal. Endeavour would be made by the appellate authority to dispose of the appeal, filed by the petitioner, within a period of six months from the date of its filing. It would be open to the petitioner to seek any interim protection from the appellate authority. 6. However, if no such appeal is preferred by the petitioner, accompanied by a certified copy of the present order within the aforesaid period of four weeks prescribed by this Court, then it shall be construed that the present writ petition has finally been rejected by this Court. 7. With the aforesaid observations and directions, the present writ petition stands disposed of. No costs. Anjani/ ( Birendra Prasad Verma, J.) 4