IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3294 OF 2009 Pandurang Antu Pawar ...Petitioner Vs. Assistant Provident Fund Commissioner, Kolhapur .. Respondents --- Shri M.S. Topkar for Petitioner Shri Suresh Kumar for Respondent No.1 ---- CORAM: V.M. KANADE J. DATED 6TH MAY, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Petitioner. 2. The Petitioner is aggrieved by the order dated 28th September, 2001 and more particularly, the calculation of the dues which are payable by the company as provident fund dues. The Assistant Provident Fund Commissioner, by the said order has directed that an amount of Rs.8,34,809/- should be paid as provident fund dues for the period from March, 1996 to August, 2001. Thereafter, a show cause notice was issued to the Petitioner dated 13th August, 2008 asking him to show cause why the warrant of arrest should not be issued for non-payment of the provident fund dues. 3. Shri M.S. Topkar, the learned Counsel for the Petitioner submitted that he gave a reply to the show cause notice issued by the Assistant Provident Fund Commissioner and pointed out that the dues have been calculated on an ad-hoc basis without taking into consideration the actual number of employees who were working in the company. In the reply, it was further stated that on account of labour problem, the business of the company had started dwindling and there was no manufacturing activity going on in the company since 1996. Apart from that, the other grievances have been made in the said reply. Since the Assistant Provident Fund Commissioner did not give any reply to this letter, which was written by the Petitioner herein, the Petitioner has filed the petition in this Court under Articles 226 and 227 of the Constitution of India. 4. In my view, it would be appropriate if the Assistant Provident Fund Commissioner is asked to recalculate the dues afresh after taking into consideration the grievance made by the Petitioner herein. The said exercise to be completed within a period of eight weeks from today. 5. The Petitioner shall place all the material on which the reliance is placed by him within a period of two weeks from today. The Assistant Provident Fund Commissioner shall, accordingly, fix the appropriate date. The show cause notice dated 13th August, 2008 shall be stayed until further orders are passed. Writ Petition is allowed in the aforesaid terms. V.M. KANADE J.