IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9211 of 2006 M/S MADHU PAPER INDUSTRIES BHAGALPUR THROUGH ITS PAWAN KUMAR DUDHWEWALA PARTNER, AGED ABOUT 48 YEARS SON OF SRI RAM GOPAL BUDHWEWEALA RESIDENT OF MOHALLA RESIDENT OF MOHALLA R.B.S. SHAYA ROAD P.S. KOTWALI, DISTT BHAGALPUR. Versus 1. THE UNION OF INDIA THROUGH THE SECRETARY DEPARTMENT OF LABOUR GOVT. OF INDIA, NEW DELHI. 2. THE PROVIDENT FUND REGIONAL COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANISATION REGIONAL OFFICE, R-BLOCK, PATNA, BIHAR. 3. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEE PROVIDENT FUND SUB REGIONAL OFFICE, ADAMPUR, BHAGALPUR. 4. THE RECOVERY OFFICER, E.P.F., S.R.O. BHAGALPUR. ----------- 3/ 21.06.2011 Even today when the matter is called out, nobody appears for the petitioner. Counter affidavit is on record which shows that it has been duly served on the counsel for the petitioner. The grievance of the petitioner is that a direction may be issued for appointing a Presiding Officer of the Provident Fund Appellate Tribunal. The case as per the record has been filed on 31.7.2006. In the counter affidavit placed on behalf of the respondents No. 2 and 3 categorical statement has been made in paragraph No.6 that the appointment of Presiding Officer of the E.P.F. Appellate Tribunal has already been done and the competent authority has taken charge on 25.9.2006. Since it is almost five years from that date, on query from this Court Mr. Rama Shankar Pradhan, learned senior counsel informed that even as of today the said Tribunal is functioning with a duly appointed Presiding Officer. 2 In that view of the matter, coupled with the fact that the counsel for the petitioner neither appeared yesterday nor today, it appears to the Court that the matter has become infructuous and the petitioner has lost interest in pursuing the matter. Accordingly, the writ petition is dismissed as having become infructuous. sudha (Ahsanuddin Amanullah, J.)