IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1331 of 2009 BIHAR RAJYA ARDHA SARKARI NIKAY PADADHAIKARI SANGH HAVING ITS REGISTERED OFFICE AT SHEO COLONY, RAJA BAZAR, PATNA - 800014, THRIUGH ITS AUTHORIZED REPRESENTATIVE SRI MUNNA PRSSAD S/O- HARI NANDAN PRASAD , JOINT SECRETARY … Petitioner- Appellant Versus 1. THE UNION OF INDIA THROUGH CENTRAL PRIVIDENT FUND COMMISSIONER, NEW DELHI 2. THE EMPLOYEES' PROVIDENT FURND ORGANISATION REGIONAL OFFICE, BIHAR , PATNA THROUGH REGIONAL PROVIDENT FUND COMMISSIONER, BIHAR BHAVISHYA NIDHI BHAWN , R. BLOCK , PATNA 3. REGIONAL PROVIDENT FUND COMMISSIONER, BHAVISHYA NIDHI BHAWAN , R. BLOCK , PATNA 4. ASSISTANT PROVIDENT FUND COMMISSIONER, BHAVISHYA NIDHI BHAWAN R.BLOCK, PATNA … Respondents-Respondents ----------- 2. 25.3.2010 Heard Mr. P.N.Sahi, learned counsel for the appellant and Mr. Ramashankar Pradhan, learned counsel for the respondents. In this intra-Court appeal challenge is to the order dated 16.9.2009 passed by the learned Single Judge in C.W.J.C.No. 12552/2009, whereby the learned Single Judge has declined to interfere with the writ petition solely on the ground that the same has been preferred by Bihar Rajya Ardha Sarkari Nikay Padadhikari Sangh, a trade union, claiming that the employees, who are 2 members of the Union, are entitled to be covered by the Employees Pension Scheme, 1995 in terms of proviso to Clause 11(P) of the Scheme read with Clause 12 thereof. It is submitted by Mr. Sahi that the learned Single Judge should not have refused to entertain the controversy. Per contra, Mr. Pradhan submitted that the employees can approach the employer but not the Union. Without entering into the said debate we are inclined to direct if the employees of the present appellant submit their applications under the Employees Pension Scheme, 1995 through their employer claiming that they are covered under the Employees Pension Scheme individually, the same shall be scrutinized by the Regional Provident Fund Commissioner or any competent authority delegated on his behalf. The exercise in that regard shall be carried out and finalized within a period of six months from the date of submission of the application by each individual employee. With the aforesaid modification in the order 3 of the learned Single Judge the appeal shall stand disposed of. There shall be no order as to cost. (Dipak Misra,C.J.) (Mihir Kumar Jha,J.) Surendra/