IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5709 of 2006 Bihar State Hydro Electric Power Corporation Through its Managing Director, Sone Bhawan, 2nd Floor, Birchand Patel Marg, Patna-1, Bihar …… …….. Petitioner Versus 1. The Union Of India through the Secretary, Ministry of Labour, Govt. of India, New Delhi 2. The Secretary, Ministry of Labour, Govt. of India, New Delhi 3. Employees’ Provident Fund Commissioner, Employees’ Provident Fund Organisation (Ministry of Labour, Govt. of India), 14, Bhikaiji Cama Place, New Delhi-110066 4. Regional Provident Fund Commissioner, Employees’ Provident Fund Organisation (Ministry of Labour, Govt. of India), Regional Office, Bhavisyanidhi Bhawan, R. Block, Road No. 6, Patna- 800001 5. Assistant Provident Fund Commissioner, Regional Office, R. Block, Road No. 6, Patna (Bihar) 6. Assistant Provident Fund Commissioner (Compliance), Employees’ Provident Fund Organisation (Ministry of Labour, Govt. of India), Regional Office, R. Block, Road No. 6, Patna (Bihar) 7. Enforcement Officer & Inspector, Employees’ Provident Fund Organisation (Ministry of Labour, Govt. of India), Bhavishyanidhi Bhawan, R. Block, Road No. 6, Patna (Bihar) ………………………. Respondents For the Petitioner :M/s Shyama Prasad Mukherjee, Sr. Advocate & Shanti Pratap, Advocate For the Respondents 3 to 7 :Mr. Jai Prakash Verma, Advocate ----------- 02/ 23.03.2011 Herd learned counsel for the petitioner and the counsel for the Employees’ Provident Fund Organisation. Petitioner- Managing Director is aggrieved by the contents of the notice dated 28.1.2002, 4.3.2002, 20.6.2002, 8.10.2002, 18.7.2003 and 2 7.3.2006 contained in Annexures- A/1, A/3, A/9, A/12, A/23 and A/27, whereunder the petitioner- Managing Director has been asked by the Enforcement Officer to furnish detailed information about the contractors engaged to undertake civil works by the Bihar State Hydro Electric Power Corporation, Patna. Aforesaid notices have been issued in the light of the provisions contained in Sections 2(f) and 8A of the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 which the petitioner has assailed by filing appeal, vide Appeal, No. 184(3)/2006 before the Employees’ Provident Fund Appellate Tribunal, New Delhi. During the pendency of the aforesaid appeal, this writ petition was filed as the Presiding Officer was not available in the Tribunal. During the pendency of the writ petition, Presiding Officer has been appointed in the Tribunal. This writ petition is, accordingly, disposed of granting the petitioner liberty to pursue the aforesaid appeal if the said appeal has not yet been disposed of. In the event aforesaid appeal has already 3 been disposed of, petitioner shall have the liberty to challenge the order passed by the appellate tribunal, provided the same has been passed against him. Arjun/ ( V. N. Sinha, J.)