IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4196 of 2006 BIHAR SANSKRIT SHIKSHA BOARD THROUGH ITS SECRETARY, NAMELY, BASANT KUMAR, SON OF SRI S.P. KUNWAR, EAST BORING CANAL ROAD, PATNA-800001 ………….. PETITIONER Versus 1. THE UNION OF INDIA, THROUGH SECRETARY, DEPARTMENT OF LABOUR, NEW DELHI 2. THE REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES’ PROVIDENT FUND ORGANISATION, BHAWISHYA NIDHI BHAWAN, R-BLOCK, ROAD NO.6, PATNA-800001 3. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES’ PROVIDENT FUND ORGANISATION, BHAWISHYA NIDHI BHAWAN, R-BLOCK, ROAD NO.6, PATNA-800001 …….. …….. RESPONDENTS ----------- 02/ 08.03.2011 Heard learned counsel for the parties. 2. This writ petition has been filed by the petitioner- Bihar Sanskrit Shiksha Board (hereinafter referred to as the Board) for directing the authorities of the Employees’ Provident Fund Organisation to release its bank account from attachment in compliance of the order dated 18th July, 2008, passed by the Employees’ Provident Fund Appellate Tribunal, New Delhi in A.T.A. No. 15(3)2006, whereunder it has been held that the petitioner- Board is not liable to make provident fund contribution for its employees. 3. It is submitted on behalf of the authorities of 2 the Employees’ Provident Fund Organisation that order dated 18th July, 2008, passed by the Employees’ Provident Fund Appellate Tribunal, New Delhi in A.T.A. No. 15(3)2006 has been challenged in this Court by filing C.W.J.C. No. 2031 of 2010, which is still pending and this Court should either hear the present writ petition along with the said writ petition or await the result of the said writ case. 4. I regret not to accept such submission, as the order dated 18th July, 2008 has been challenged by the authorities of the Provident Fund Organisation by filing writ petition in the year 2010 i.e. after more than 1 ½ years of the passing of the said order. Accordingly, I dispose of this writ petition observing that until the order dated 18th July, 2008 is either stayed or quashed by this Court or any other Superior court, the authorities of the Provident Fund Organisation must comply with the same and release the bank account of the Board. The Secretary of the Board is, however, directed to furnish undertaking before the Provident Fund Organisation that he shall abide by the order passed in C.W.J.C. No. 2031 of 2010. 3 5. Necessary compliance of this order be made by the Provident Fund Organisation as early as possible, in any case within two weeks of the receipt of the undertaking from the petitioner-Board. Arjun/ ( V. N. Sinha, J.)