IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12952 of 2004 THE KAMESHWARI PRIYA POOR HOME , Mirjapur, P.S. Town-Thana, District-Darbhanga through its working Secretary, Jitendra Narayan Roy son of late Bhubneshwar Prasad Roy, R/o Mirjapur, P.S. Town-Thana, Dist.- Darbhanga. Versus 1. THE UNION OF INDIA through the Regional Provident Fund Commissioner, Bihar. Employees Provident Fund Organization, Bhavisyanidhi Bhawan ‘R’ Block, Road No. 6, Patna 2. The Assistant Provident Fund Commissioner, Muzaffarpur, Employees Provident Fund Organization, New Vakalatkhana Building, Court Compound, Muzaffarpur- 842001. ----------- For the Petitioner:- Mr. Alok Kumar Sinha, Advocate. Mr. Indrajeet Bhusan, Advocate. Mr. Manish Kumar, Advocate. For the E.P.F.:- Mr. Jai Prakash Verma, Advocate. -------------- 4. 15.04.2011 Heard the parties. It is common ground that the orders impugned in the present proceeding having been passed by the competent authorities under the provisions of Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (for short the ‘Act’) are appealable in terms of Section 7-I of the Act. The tribunal which is required to hear the appeal is functioning. In that view of the matter, learned counsel for the petitioner in presence of learned counsel for the respondents seeks permission to withdraw the present petition with a liberty to file an appeal before the appellate authority within a period 2 of two months from today. Permission is accorded. This writ petition is permitted to be withdrawn with a liberty to file an appeal, as indicated above. If such an appeal is preferred within the aforesaid period of two months and a prayer for condonation of delay is made then, the appellate authority shall take into consideration the fact that the writ petition was filed on 11.10.2004 and the matter remained pending here for about 7 years. It is expected that the appellate authority, without going into the technicalities of the appeal being barred by limitation, shall consider it on merit, after condoning the delay for filing such an appeal. The petitioner shall be at liberty to raise all the pleas, which are available to him under the law. Prayer for interim relief can also be made before the appellate authority, which shall be considered in accordance with the Act and the rules made under. The writ petition stands finally disposed of. Anand Kr. ( Birendra Prasad Verma, J.)