1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2430 OF 2009 National Bicycle Corporation of India Ltd. .. Petitioner Versus Employees Provident Fund Organisation and Ors. .. Respondents Mr.V.P.Sawant for petitioner Mr.Suresh Kumar for respondent Nos. 1 to 5. CORAM : J.N.PATEL, Actg.C.J. & S.C.DHARMADHIKARI, J. DATE : 30th April 2010. P.C.: 1] The petitioner is a Government Company. It has stated that it is a wholly owned Government company incorporated under the Companies Act, 1956. It is formed under The Hind Cycles Limited and Sen-Raleigh Limited (Nationalisation) Act, 1980 (the Act for short). Respondent Nos. 1 to 5 are the officers exercising powers under the Employees Provident Fund and Miscellaneous Provisions Act, 1952. 2] The petitioner is challenging attachment of the properties for payment of provident fund dues allegedly due and payable by their predecessor in title Hind Cycles Ltd. 2 3] The grievance is that the dues are not payable by the petitioner but by the previous company for pre-nationalisation period. Therefore, all actions culminating in the attachment notice are bad in law. 4] Our attention is invited to the decision of the Supreme Court in the case of Commissioner of Income Tax Vs. Oriental Insurance Co. Ltd., reported in 2008 (304) ITR 0055, wherein it has been observed by the Supreme Court that if the dispute is between two Government functionaries, then, it is best resolved by a high powered committee set up by the Government. We have also perused the Act and the order impugned in this petition/ warrant of attachment dated 8th October 2009. Time and again the Supreme Court has been observing that disputes involving State Government and Public Sector undertaking ought to be resolved by the the High Powered Committee (Oil & Natural Gas Corporation Ltd. Vs. CIDCO), reported in 2007 (7) SCC 39. 5] If the array of parties in the present petition are considered, then, in our view, the dispute is between a Government of India undertaking and the Provident Fund Department. It would be desirable and in public interest if the same is referred to the high powered committee for appropriate decision. The high powered committee set up in terms of Supreme Court decision would endeavour and resolve this issue as expeditiously as possible and in any event within a period of three months from the date of receipt of a copy of this order. Mr.Kumar appearing for respondents states that they have no objection for the dispute being referred to the Committee and the respondents would abide by the course 3 of action suggested by the Committee. The papers and proceedings of this petition be forwarded to the high powered committee. The high powered committee shall treat this petition itself as an application to the committee and decide the same. 6] The ad-interim order made on this petition to continue till the committee decides the application. Registry to act upon an authenticated copy of this order. Mr.Suresh Kumar learned Counsel appearing for respondents agrees to furnish details including the address of the committee to enable the Registry to forward copies of the papers and proceedings of this petition. ( Actg. CHIEF JUSTICE ) (S.C.DHARMADHIKARI, J)