IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4045 of 2004 1. RADHA KRISHNA CHOUDHARY 2. GHANSHYAM DAS CHOUDHARY, BOTH SONS OF LATE CHANDI PRASAD CHOUDHARY, RESIDENTS OF JAY PRAKASH PANDEY LANE, P.S. KOTWALI, DISTRICT- BHAGALPUR - PETITIONERS. Versus 1. ASSTT.PROVIDENT FUND COMMISSIONER, EMPOYEES PROVIDENT FUND ORGANISATION ADAMPUR CHOWK, P.S. KOTWALI, DISTRICT BHAGALPUR. 2. RECOVERY OFFICER-CUM-ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, ADAMPUR CHOWK, P.S. KOTWALI, DISTRICT- BHAGALPUR – RESPONDENTS. ----------- For the petitioners: Mr. Ganpati Trivedi, Adv. For the respondents: Sri Rama Shankar Pradhan, Sr. Adv. -------- 5/ 23-03-2011 Heard the parties. 2. The petitioners filed separate applications on 17.04.2001 (Annexures-5 & 5/A) before respondent- Assistant Provident Fund Commissioner, Bhagalpur in terms of section 7A(4) of The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as “the Act”), raising a grievance that a final order dated 21.08.1991 (Annexure-3) was passed ex-parte in terms of section 7A(1) of the Act, fixing the liability for payment of employees and employer Contribution for the period from July, 1987 to March, 1991. The grievance of the petitioners was that the petition filed by them was not being disposed of by the respondent- Assistant Provident Fund Commissioner, Bhagalpur. 2 3. By order dated 23.04.2004 passed by a Bench of this Court, the learned counsel appearing on behalf of the respondents was directed to seek instructions in the matter and it was further directed that in the mean time coercive steps shall not be taken against the petitioners till the next date of hearing. Subsequently a counter-affidavit was filed on behalf of the respondents, wherein it has been stated that in fact petitions filed by the petitioners under section 7A(4) of the Act have already been disposed of by an order dated 29.04.2004 (Annexure- C to the counter-affidavit). 4. In view of the stand taken in the counter- affidavit, I.A. No. 2776 of 2004 has been filed on behalf of the petitioners seeking amendment in the main writ petition and further seeking permission of the Court to challenge the aforesaid order dated 29.04.2004, which was again brought on record, as Annexure-9 to the aforesaid interlocutory application. 5. After having heard the parties, this Court finds that the petition filed by the petitioners in terms of section 7A(4) of the Act has been rejected by the respondent- Assistant Provident Fund Commissioner, Bhagalpur by a non-speaking order and once again without giving an opportunity of hearing to the petitioners and, therefore, that order cannot be sustained in the eye of 3 law. 6. For the reasons recorded above, the order dated 29.04.2004 passed by respondent- Assistant Provident Fund Commissioner, Bhagalpur (Annexure-C to the counter-affidavit and Annexure-9 to the Interlocutory application) is hereby set aside and the matter is remitted to the respondent-Assistant Provident Fund Commissioner, Bhagalpur for deciding the petitions filed by the petitioners afresh, after giving an opportunity of hearing to them and all other concerned persons. It is made clear that while setting aside the order dated 29.04.2004 (Annexure-9), this Court has not gone into the merit of the claim of the petitioners and this is to be decided by the Assistant Provident Fund Commissioner, Bhagalpur, in accordance with law. 7. Petitioners are hereby directed to appear before respondent- Assistant Provident Fund Commissioner, Bhagalpur within a period of four weeks from today with a detailed representation/petition and a copy of the present order, where-after he shall be obliged to decide the petitions filed by the petitioners under section 7A(4) of the Act on merit in accordance with law within two months from the date of appearance and filing of the representation/petition by the petitioners. 8. It is also made clear that if the petitioners do 4 not appear before respondent- Assistant Provident Fund Commissioner, Bhagalpur within the time prescribed by this Court with a representation and a copy of this order, then it shall be construed that the present writ petition has been finally rejected by this Court. 9. It further goes without saying that original order passed on 21.08.1991 (Annexure-3) in terms of section 7A(1) of the Act shall not be given effect to till final disposal of the matter by the respondent- Provident Fund Commissioner, Bhagalpur within the time prescribed by this Court. BTiwary/ ( Birendra Prasad Verma, J.)