IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3640 of 2010 1. Saharsa Zila Khadi Gramodyog Sangh Head Office- Dak Bunglow Road, P.S.- Town Thana Saharsa, Distt.- Saharsa Through Its Secretary Sri Mukesh Kumar Suman, S/O Late Sri Ram Narayan Prasad Verma, R/O Saharsa Zila Khadi Gramodyog Sangh, Head Office Dak Bunglow Road, P.S.-Town Thana, Saharsa, Distt.- Saharsa Versus 1. The Regional Provident Fund Commissioner, Employees' Provident Fund Organization, Regional Office- R.Block, Road No.- 6, Patna 2. The Regional Provident Fund Commissioner Employees' Provident Fund Organization, Sub-Regional Office- Adampur Chowk, Bhagalpur 3. The Assistant Provident Fund Commissioner, Employees' Provident Fund Organization, Sub-Regional Office- Adampur Chowk, Bhagalpur 4. The Recovery Officer, Employees' Provident Fund Organization, Sub-Regional Office- Adampur Chowk, Bhagalpur 5. The Officer-In-Charge, Town Thana, Saharsa, Distt.- Saharsa 6. The State Of Bihar, Through The Director General Of Police Govt. Of Bihar, Patna ------------------ 7 15.11.2011 Heard Mr. Sunil Kumar, learned counsel for the petitioner and Mr. Prabhat Kumar Verma, learned counsel for the respondent- Provident Fund Organization and its authorities. The petitioner is aggrieved by the order dated 17.03.2008 passed by the respondent No.3, the Assistant Provident Fund Commissioner, Provident Fund Organization, Sub Regional Office: Adampur Chowk, Bhagalpur as contained in Annexure-1 quantifying the dues of the petitioner under the provisions of Employee Provident Fund and Misc. Provisions Act, 1952 (hereinafter referred to as the ‘Act’) and the Scheme framed thereunder. The respondent-Assistant Provident Fund Commissioner by the said order passed in purported exercise of power vested in him under the provisions of Section 7A of the Act has quantified the 2 dues towards provident fund payable by the petitioner for the period July, 2005 until July 2007 and by the same order the Assistant Provident Commissioner has also imposed interest at the rate of 12 % in exercise of powers vested under the provisions of Section 7Q of the Act. Thus quantifying the dues towards principal and interest, the petitioner has been directed to pay a sum of Rs. 8,37,125/- and Rs. 1,64,348/- respectively. Upon non payment of the said amount, a certificate proceedings had been initiated and pursuant whereto a warrant of arrest was issued on 19.01.2010 placed at Annexure-13 to the writ petition. It is not in dispute that pending the proceedings the petitioner has deposited certain further amounts towards the assessment order placed at Annexure 1. The petitioner does not dispute the applicability of the Act. He only disputes the calculation, which according to him has been carried out without verification of the records. The contention of the petitioner finds support from the impugned order as contained in Annexure 1 wherein the Assistant Provident Commissioner even while admitting that the dues particulars has not been produced by the petitioner yet he has proceeded to quantify the amount . This matter has been taken up on several occasions when on the request of learned counsel appearing for the Provident Fund Organization it was adjourned enabling learned counsel to seek instructions and file counter affidavit. Today, when the matter is taken up for consideration, 3 Mr. Prabhat Kumar Verma, learned counsel appearing for the respondent Organization and its authorities on instructions from the respondent No.1, the Regional Provident Fund Commissioner, Employees Provident Fund Organization, Regional Office, R. Block, Road No.6, Patna submits that as the petitioner without questioning the applicability of the act, has merely raised issue of calculation of the dues, which according to the petitioner has been calculated without proper verification of records, the Regional Provident Fund Commissioner, respondent No.1, would be reconsidering the issue in the light of the grievance raised by the petitioner and whereafter a fresh order would be passed upon consideration of the details submitted by the petitioner. In view of the submission made by Mr. Verma, learned counsel for the respondent-Organization, the impugned order as contained in Annexures 1 and 13 are quashed and set aside. The matter is remanded back to the Regional Provident Fund Commissioner, Bihar, Patna, respondent No.1 for reconsideration of the matter and for passing appropriate order in accordance with law after considering the submissions of the petitioner and upon consideration of the records submitted by him in support of his contentions. The writ petition is allowed. Bibhash (Jyoti Saran, J.)