In the High Court at Calcutta

Constitutional Writ Jurisdiction

Appellate Side

Present :

The Hon’ble Justice Ajay Kumar Gupta

WPA No. 21799 of 2009

Regional Provident Fund Commissioner, Kolkata, W.B.

Vs.

Employees’ Provident Fund Appellate Tribunal & Anr. For the petitioner : Mr. Shiv Chandra Prasad

Heard on : September 03, 2025.

Judgment on : September 03, 2025.

Ajay Kumar Gupta, J:-

1. Affidavit-of-Service filed on behalf of the petitioner in Court today is

taken on record.

2. Despite good service, none appears on behalf of the respondents.

No accommodation is sought for.

3. Regional Provident Fund Commissioner, West Bengal being the petitioner challenges the impugned order dated 2^nd September, 2008 passed by the then Employees’ Provident Fund Appellate Tribunal, New Delhi in A.T.A. No. 415(15) of 2008 (M/s. DMP Constructions Private Limited –vs.- R.P.F.C, Kolkata) and prays for direction to rescind, recall or

withdraw the impugned order dated 02.09.2008 being Annexure- ‘P-2’

herein.

4. It is submitted by the learned counsel appearing on behalf of the petitioner that the Regional Provident Fund Commissioner-II (Compliance) Regional Office, Kolkata has categorically stated in his order dated 9^th May