IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9600 of 2007 SURESH MANDAL S/o Late Phoola Mandal resident of Hathisar Kuti, P.S. Ourania, Dist.-Sitamarhi. . . . . . . Petitioner. Versus 1. Employees Regional Provident Fund Commissioner, R. Block, Patna. 2. Adithi, Managing Director- cum-Finance Manager, State Bank of India Colony, Phase II, Qr No. 2/30, Judgeopath Baily Road, Patna. 3. Managing Director- cum-Finance Manager Advisor, Adithi, State Bank of India Colony, Phase II, Qr No. 2/30, Judgeopath Baily Road, Patna. 4. Pariyojana Director Adithi, Dumra, Paryatan Bhawan, Viswanathpur, Chowk, Dumra, P.S.-Dumra, Dist. Sitamarhi. 5. Pariyojana Padadhikari Adithi, Dumra, Paryatan Bhawan, Viswanathpur, Chowk, Dumra, P.S.-Dumra, Dist. Sitamarhi. . . . . . . Respondents. ----------- 2/ 10.11.2009 Heard learned counsel for the petitioner and Respondent no.2. The instant writ application has been filed in the year, 2007 for directing respondent no.1 to initiate a proceeding under Section 7 A of the Employees Provident Fund Miscellaneous Provisions Act, 1952 and to recover the amount of contribution for the period the petitioner worked with respondent nos. 2 to 5 and also to give direction to respondent no.1 to file a criminal case against respondent nos. 2 to 5 for not depositing the contribution deducted from the salary of the petitioner. The petitioner is an employee of Adithi (Respondent no.2). He discharged his duty as driver since 08.05.1997 on Jeep bearing registration no. BR 01 363. The petitioner fell ill and went on leave from 12.08.2000 to 12.09.2000 and when he went to join his office he was not allowed to do so. The petitioner finding no way filed an application before Labour Superintendent, Sitamarhi for salary and regularization of his duty / service. The Labour Superintendent, Sitarmarhi vide his letter no. 845 dated 15.12.2000 issued an order for payment of his salary from - 2 - 13.08.2000 but no step was taken. Pursuant to the correspondence of the Labour Superintendent, the petitioner was transferred to Head Office at Patna. However, the respondents continued trouble to the petitioner. The petitioner also made complaint to Deputy Labour Commissioner, Patna also. The main grievance of the petitioner is that though the Adithi deducted contribution from his remuneration / salary, the amount has not been deposited in the regional provident fund. He submits that he was not even made a member in this regard. A counter affidavit has been filed on behalf of the respondent no.1. In paragraph 10, it has been stated that the matter is being investigated under prescribed statute and summon dated 22.02.2008 through the Enforcement Officer has been served on the establishment for appearing in the proceeding under Section 7 A of the Act. The establishment on 05.03.2008 sought three months time for arranging necessary papers for filing its response. More than 1 ½ years has passed, but it seems that the proceeding has not concluded. As the Proceeding under Section 7 A of the Act is pending since 1 ½ years, the authorities are directed to conclude the same within a period of four months from the date of receipt of a copy of this order. The petitioner will be also noticed. The authority would take suitable steps accordingly. With the aforesaid direction, this writ application is allowed. Uday/ (Samarendra Pratap Singh, J.)