IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1912 of 2006 M/S PALM TREE SERVICE STATION, FRASER ROAD, P.S. KOTWALI, DISTRICT PATNA, A PARTNERSHIP FIRM, THROUGH ITS PARTNER SMT. SUNITA UPPAL, WIFE OF LATE HARI UPPAL, RESIDENT OF FLAT NO.101, IMARAT RIZVI, BANK ROAD, P.S. GANDHI MAIDAN, TOWN AND DISTRICT PATNA . Versus 1. THE REGIONAL PROVIDENT FUND COMMISSIONER, BIHAR REGIONAL OFFICE, BHAVISHYANIDHI BHAWAN, R BLOCK, ROAD NO.6, TOWN AND DISTRICT PATNA. 2. ASSISTNAT PROVIDENT FUND COMMISSIONER, BIHAR REGIONAL OFFICE, BHAVISHYANIDHI BHAWAN, R BLOCK, ROAD NO.6, TOWN AND DISTRICT PATNA. For the petitioner : M/s Kali Das Chatterji, Sr. Adv., Amlesh Kumar Verma, Advocate. For respondents : Mr. R.S. Pradhan, Sr. Advocate. ----------- 02. 03.02.2011 Heard learned counsel for the petitioner and the counsel for the authorities of the Employees Provident Fund Organization. 2. Petitioner a petrol outlet is aggrieved by the order of the Assistant Provident Fund Commissioner dated 25.5.2004, Annexure- 5, whereudner the liability of the petrol outlet under Section 7A of the Employees Provident Fund & Miscellaneous Provision Act, 1952(hereinafter referred to as the Act) has been determined without identifying the workers as also rebutting the onus discharged by the petrol outlet by producing the attendance cum payment register. The adjudication appears to have proceeded on the basis of the assertion made by the employees union, espousing the cause of the workers of the outlet. Petitioner outlet also sought review of the order dated 25.5.2004, Annexure-5 by filing review petition under Sub-Section(1) of Section 7B of the Act, which was dismissed under order dated 11.1.2005, copy whereof is contained in Annexure-7 to this - 2 - application. The petrol outlet has already deposited the amount fixed in terms of the order dated 25.5.2004, Annexure-5. 3. It is submitted on behalf of the petitioner that notice for appearing in the proceeding was received by the management of the outlet after the date was fixed for such appearance and the order dated 25.5.2004 was passed without the benefit of the submission made on behalf of the outlet. Aforesaid submission can be better appreciated, if petitioner outlet assails the order dated 25.5.2004 and 11.1.2005, Annexures-5, 7 by filing appeal before the appellate forum. Petrol outlet having already deposited the amount in terms of order dated 25.5.2004, Annexure-5 pit is observed that the appellate forum shall condone the delay in filing the memo of appeal, provided the appeal is filed within 30 days from the date of receipt of certified copy of this order. 4. Application stands disposed of. Rajesh/ (V.N. Sinha, J.)