IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.636 of 2010 1. THE CHAIRMAN, BIHAR STATE CO-OPERATIVE MARKETING UNION (BISCOMAUN) HAVING ITS OFFICE AT BISCOMAUN BHAWAN, PATNA. 2. THE MANAGING DIRECTOR CUM CHIEF OF EMPLOYEES PROVIDENT FUND ORGANIZATION, BIHAR STATE CO-OPERATIVE MARKETING UNION (BISCOMAUN), PATNA. 3. THE FINANCE CONTROLLER, BIHAR STATE CO-OPERATIVE MARKETING UNION (BISCOMAUN) HAVING ITS OFFICE AT BISCOMAUN BHAWAN, PATNA. …. APPELLANTS/RESPONDENTS. VERSUS 1. PREM KUMAR BHAGAT, S/O LATE BISHESHWAR BHAGAT, R/O VILLAGE - 307 PATLIPUTRA COLONY, P.S - PATLIPUTRA, DISTRICT - PATNA. … PETITIONER/RESPONDENT. 2. THE PROVIDENT FUND COMMISSIONER (REGIONAL OFFICE), REGIONAL PROVIDENT FUND ORGANIZATION, HAVING ITS OFFICE AT R- BLOCK, SERPENTINE ROAD, PATNA. …….RESPONDENT/RESPONDENT. ----------- For the appellants : Mr. P.K.Shahi, Senior Advocate With Mr. Vikas Kumar, Advocate. For respondent no.2 : Mr. R.S.Pradhan, Senior Advocate With Mr. D.K.Roy, Advocate. ---- 02. 06.04.2010 I.A.No.3315 of 2010 This is an application for condonation of delay of 24 days in preferring the appeal. Upon perusal of the averments and the assertions made in the petition we are convinced that the delay in filing - 2 - the appeal should be condoned and, accordingly, it is so ordered. I.A. is, accordingly, allowed. L.P.A.No.636 of 2010 As we have condoned the delay, we are inclined to take up the appeal for admission. In this intra-court appeal, the challenge is to the order dated 29.10.2009 passed by the learned Single Judge in CWJC no.14039 of 2009. Mr. P.K.Shahi, learned Advocate General appearing for the appellants submitted that he does not challenge the order that is passed by the learned Single Judge except the directions contained in paragraph 6. We may profitably reproduce paragraph 6: “6. The Provident Fund Commissioner is directed to initiate proceeding against the authorities of the BISCOMAUN for their failure to deposit the provident fund contribution of the employees of the BISCOMAUN in their provident fund account with effect from 1996-97.” Having heard learned counsel for the appellants and upon perusal of the pleadings in the writ petition, we are of the considered opinion that there was no necessity to issue such a direction as the learned Single Judge in - 3 - paragraph 4 has directed as follows: “ 4. Let the Managing Director of the BISCOMAUN consider the representation of the petitioner dated 5.7.2006, Annexure-1 and pass appropriate orders in accordance with law, as early as possible, in any case within one month from the date of receipt/ production of a copy of this order. While passing the order on representation aforesaid, the authorities would consider the request of the petitioner to grant him the same interest on his arrears of salary which they are charging on his provident fund loan amount.” Mr. P.K.Shahi, learned Advocate General also fairly conceded that the authorities of the BISCOMAUN shall objectively consider the case of the writ petitioner while complying with the order passed by the learned Single Judge. He has further assured that the said exercise shall be completed within four weeks hence. As we have passed the order in the absence of the writ petitioner, it is open to him, if so advised, to file an application for review of the order. The appeal is, accordingly, disposed of. Sunil (Dipak Misra, C.J.) (Mihir Kumar Jha, J.)