IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5717 of 1994 M/s Rozy Sweets, Nala Road, Kadamkuan, through its Proprietor Sri Balwant Singh Gandhi son of late Mala Singh. …. Petitioner. Versus 1. Union of India. 2. The Regional Provident Fund Commissioner, Employees Provident Fund Bihar, Patna, Road No. 6, ‘R’ Block, Patna. 3. The Assistant Provident Fund Commissioner, Employees Provident Fund Bihar, Patna, Road No. 6, ‘R’ Block, Patna. 4. The Enforcement Officer, Employees Provident Fund, ‘R’ Block, Patna. 5. The Recovery officer, Employees Provident Fund, Commissioner’s Office, ‘R’ Block, Patna. ….. Respondents. ----------- 07/ 03.07.2009 Admittedly the impugned orders have been passed in terms of Section 7(A) and 7(B) of the Employees Provident Funds Act, 1952 (hereinafter referred to as the Act). Under Section 7(A) of the aforementioned Act there is a provision of appeal before the Employees Provident Funds Appeal Tribunal. Thus, this writ application in the first instance before this Court is not maintainable inasmuch as the petitioner has not availed the statutory alternative remedy under Section 7(A) of the Act. Counsel for the petitioner, in the aforesaid background, seeks permission to withdraw this application with a liberty to move the Tribunal against the impugned order. His such prayer is - 2 - allowed with an observation that the Tribunal, keeping in view this writ application had remained pending for 15 years, would consider the case of the petitioner on merits without going into on the question of limitation in the filing of the appeal. The amount of Rs.8600/- deposited by the petitioner under the order of this Court dated 3.8.1995 should be sent to the Tribunal for allowing the petitioner to press his appeal. With the aforementioned observations and directions this writ application is dismissed as withdrawn. DKS/ (Mihir Kumar Jha, J.)