IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1727 of 2006 ARUN KUMAR SINGH, SON OF SHRI CHANDRAMA SINGH, PROPRIETOR OF M/S R.V.CEMENT AND CONCRETE PRODUCTS, NAYA BAZAR, LAKHISARAI, P.S.- LAKHISARAI, DISTRICT- LAKHISARAI, BIHAR :--PETITIONER. Versus 1. EMPLOYEES PROVIDENT FUND ORGANISATION THROUGH ITS COMMISSIONER, MINISTRY OF LABOUR, GOVERNMENT OF INDIA. 2. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, SUB-REGIONAL OFFICE, ADAMPUR CHOWK, BHAGALPUR, BIHAR. 3. RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANISATION, ADAMPUR CHOWK, BHAGALPUR, BIHAR :-- RESPONDENTS. ----------- For the petitioner : M/S. Alok Kumar Sinha, Indrajeet Bhushan, Manish Kumar, Advocates. For E.P.F.O : Mr. Rajeev Kumar Singh, Advocate. ===== 5. 27.01.2011. Heard learned counsel for the petitioner and the respondents. 2. Earlier this writ petition was entertained by this Court by passing the order dated 06.03.2006 as at that time the appellate tribunal was not functioning. In compliance of the orders of this Court dated 06.03.2006 the Assistant Provident Fund Commissioner, Bhagalpur passed order dated 14.06.2006 which is contained in Annexure-7 to Interlocutory Application No. 2775 of 2006 and thereunder fresh demand has been - 2 - raised. It is admitted at the Bar that the appellate tribunal constituted under the Employees Provident Fund Miscellaneous Provision Act is presently functioning. 3. Having heard counsel for the parties, I direct the petitioner to challenge the contents of the order dated 14.06.2006, Annexure-7 before the appellate tribunal. The order dated 14.06.2006 was assailed before this Court by filing Interlocutory Application No. 2775 of 2006 on 14th July, 2006 i.e. within 30 days of the issue of the said order. In appreciation of such fact it is directed that the appellate tribunal shall condone the delay in filing the appeal against the order dated 14.6.2006, provided the same is filed within another 30 days from the date of receipt of the certified copy of this order and decide the matter on merits. During the pendency of the appeal before the tribunal it shall be open for - 3 - the petitioner to request the tribunal to waive the deposit of 75 percent of the liability fixed under order dated 14.06.2006 in terms of the provision contained in Section 7-O of the Act. 4. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)