IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8371 of 2006 M/S SEVAYAN MEDICAL AND RESEARCH CENTRE, A PARTNERSHIP FIRM, HAVING ITS PLACE OF BUSINESS AT DR. B. G. BOSE LANE, SEWA COLONY, NEELAM ROAD, P.S. TOWN AND DISTRICT- MUNGER, THROUGH ITS PARTNER SHRI BARISH BARAN BOSE :---PETITIONER. Versus 1. ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, SUB REGIONAL OFFICE, ADAMPUR CHOWK, BHAGALPUR- 812 001, BIHAR :---RESPONDENT. ----------- For the petitioner :- Mr. Kali Das Chatterji, Senior Advocate. For the Respondents :- Mr. Jai Prakash Verma, Advocate. ======== 2. 06.05.2011. Heard learned counsel for the petitioner and the counsel for the Assistant Provident Fund Commissioner, Employees Provident Fund Organisation, Bihar. 2. Petitioner Nursing Home is aggrieved by the order of the Assistant Provident Fund Commissioner dated 23.02.2006, Annexure-1 whereunder they have been assessed for payment of provident fund dues of their workers for the period between November, 2004 till June, 2005. The order dated 23.02.2006 is being challenged on the ground that while making the assessment the Assistant Provident Fund Commissioner has also taken into account the apprentices attached to the Nursing Home and the visiting doctors attending on the indoor patients at their special request and thereby has violated the provisions of the Employees Provident Fund Act as thereunder the apprentices and the doctors attached to the establishment are not to be taken into account for assessment of the amount payable by the employer towards the provident fund dues of the workers of the establishment. It is further submitted that the question whether the apprentices and 2 the doctors attached to the Nursing Home are the employees of the establishment under the provisions of the Provident Fund Act is pending consideration before the Employees Provident Fund Appellate Tribunal, New Delhi vide ATA 562(3)/2005. 3. Having considered the fact that similar question is pending before the Employees Provident Fund Appellate Tribunal, New Delhi I deem it expedient that petitioner should also challenge the impugned order dated 23.02.2006 by filing appeal before the Employees Provident Fund Appellate Tribunal in the light of the provisions contained in Section 7-I of the Employees Provident Fund and Miscellaneous Provisions Act, 1952. In case the appeal against the order dated 23.02.2006 is filed within one month from the date of receipt of the certified copy of this order the Employees Provident Fund Appellate Tribunal shall consider the desirability to condone the delay in filing the appeal as the matter has remained pending in this Court for about four years. 4. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)