ORDER :

1. The present case is taken up through video conferencing.

2. The present writ petition has been preferred for quashing the warrant of arrest dated 28.10.2020 (Annexure-8 to the writ petition) issued by the Recovery Officer, Employees Provident Fund Organization (EPFO), Dhanbad (the respondent no. 4) against the petitioner in terms with power conferred under Section 8B(1)(b) of the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 (in short “the Act 1952”).

3. By way of an Interlocutory Application being I.A. No. 2082 of 2021, the petitioner sought addition of prayer in the writ petition to the extent of quashing the warrant of arrest dated 19.03.2021 (Annexure-11 to the said interlocutory application) issued by the respondent no. 4 during the pendency of the writ petition.

4. The facts of the case as stated in the writ petition is that the respondent no. 7 (Bharitya Vidya Mandir School) got itself registered with the Employees’ Provident Fund Organization (EPFO) in the year 2017 by submitting a declaration form under Employees Enrolment Campaign, 2017 and information to this effect was given to the respondent no. 7 on 13.07.2017. The respondent no. 3 initiated a proceeding under Section 7-A of the Act, 1952 against the respondent no. 7 for determination of the amount of dues for the period from May 2011 to April 2018 and in the said proceeding, the respondent no. 7 was represented by its Principal as well as Accountant and Teacher. The respondent no. 3, vide order dated 30.10.2018, determined an amount of Rs. 6,40,053/- as EPF and allied dues to be paid by the respondent no. 7 for the period from May 2011 to April 2018. The respondent no. 7, vide its letter dated 28.01.2019, informed the Central Provident Fund Commissioner, New Delhi regarding depositing an amount of Rs. 29,42,890/- with the respondent-EPFO and further requested to waive the outstanding dues of Rs. 6,40,053/- as the financial condition of the school was very poor. The respondent no. 4, vide its notice/letter dated 19.08.2020, informed the Principal of the respondent no. 7 that there was no provision to allow/grant time or to make payment in instalments and thus directed to deposit the due amount of Rs. 17,56,072/- within 10 days from receipt of the notice. Thereafter, the Principal of the school wrote letter dated 27.08.2020 to the Regional Provident Fund Commissioner-II, EPFO, Dhanbad (the respondent no. 5) to close the provident fund account of the school on the ground that its financial condition was adversely affected due to Covid-19 pandemic. The said letter was countersigned by the petitioner being the former Chairman of the managing committee of the school. The respondent-EPFO was dealing the said matter with the school through its Principal who was representing the school before the EPFO authorities, but the respondent no. 4 despite knowing the said fact, issued show cause notice to the petitioner on 01.10.2020 seeking reply as to why a warrant of arrest should not be issued against him. Subsequently on 28.10.2020, the respondent no. 4 issued warrant of arrest against the petitioner directing the Senior Superintendent of Police, Dhanbad (the respondent no. 6) to arrest and produce him. Since, the Central Government Industrial Tribunal-cum-Court No. 2, Dhanbad cannot entertain the cases of individuals, the petitioner has preferred the present writ petition.

5. Mr. Ratnesh Kumar, learned counsel for the petitioner, submits that pursuant to show cause notice dated 01.10.2020 issued by the respondent no. 4, the petitioner appeared in the office of the respondent no. 5 on 13.10.2020, however the said respondent was not present in the office on the said date. Therefore, the petitioner, vide Email dated 13.10.2020, requested the respondent no. 5 for another opportunity of being heard. However, without providing any opportunity of hearing to the petitioner, the warrant of arrest was issued against him on 28.10.2020, a copy of which was rece