IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2715 of 2004 SARASWATI SHISHU MANDIR, Madhav Kothi, Thana Chowk, Purnea through its Principal Sri Janardan Pandey Son of Sri Ram Babu Pandey, resident of Jay Prakash Nagar, Police Station- K. Hat, District- Purnea. ----------------Petitioner Versus 1. THE UNION OF INDIA through the Regional Provident Fund Commissioner, Bihar at Patna. 2. The Assistant Provident Fund Commissioner, Adampur, Bhagalpur, District- Bhagalpur. 3. The Recovery Officer, Employees Provident Fund, R. Block Road No. 6 Patna-1, District- Patna. ----------------Respondents ------------------------- For the Petitioner’s:- Mr. R. S. Roy, Sr. Advocate. Mr. Sanjay Kumar Jha, Advocate. For the Respondents:- Mr. R. S. Pradhan, Sr. Advocate. Mr. A. N. Rai, Advocate. -------------------------- 3. 23.02.2011 Heard the parties. 2. The petitioner has approached this Court by filing the present writ petition under Article 226 of the Constitution of India raising a grievance against the order dated 16.10.2003 (Annexure-1) passed by respondent Assistant Provident Fund Commissioner, Bhagalpur, whereby in exercise of powers under Section 7Q and 14-B of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the ‘Act’), the petitioner has been directed to make payment of certain amount, indicated in that order, towards Provident Fund and other dues payable to certain employees working under the petitioner. 2 3. On a query made by the Court learned senior counsel appearing on behalf of the petitioner has fairly conceded that order impugned is appealable under Section 7-I of the Act before the tribunal constituted under the Act. In that view of the matter, the petitioner is required to exhaust remedy of appeal available to him under the provisions of the Act. 4. Consequently, the present petition is dismissed with a liberty to the petitioner to file an appeal before the appellate authority under the provisions of the Act within a period of one month from today. If such an appeal is filed within the time prescribed by this court by the petitioner, and a prayer for condonation of limitation is made, then appellate authority shall take into consideration the fact that present writ petition was filed in the year 2004 and had remained pending before this Court for final adjudication, and shall pass order for condonation of delay for filing such an appeal in accordance with law. Anand Kr. ( Birendra Prasad Verma, J.)