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2026 Supreme(Online)(Cal) 481

IN THE HIGH COURT AT CALCUTTA
Shampa Dutt (Paul), J
The West Bengal Power Development Corporation Ltd. – Appellant
Versus
Union of India – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Ranjay De, ld. Sr. Adv., Mr. Basabjit Banerjee, Mr. Adityajit Abel
For the Respondents: Ms. Debjani Ghosal, Ms. Sanchayita Das

Shampa Dutt (Paul), J.:

1.The writ application has been preferred praying for declaration to the effect that the provisions of Sub-sections (3), (4) and (5) of Section 7B are arbitrary and violative of principles of natural justice, and as such, ultra vires the Constitution. The petitioner has further prayed for setting aside of the impugned orders dated 24.02.2011 and 12.05.2011 passed by the respondent nos. 1 and 2.

2. The petitioner’s case is that the proceedings under Section 7A of the Employees’ Provident Fund & Miscellaneous Provisions Act, 1952 were initiated against one of the Units of the Corporation viz. Bakreswar Thermal Power Project vide Memo No.R-Ex-WB/26974/7A/CC-VI/1131 dated 27.09.2006.

3. It is further stated that Enforcement Officer from Durgapur Sub- Regional Office had visited the Bakreswar Thermal Power Project Unit of the Corporation on 16.01.2008, 22.01.2008 and 24.01.2008 and submitted their report dated 15.02.2008.

4. Petitioner further states that the Corporation submitted its comments by memo dated 25.09.2008 against the report submitted by the Enforcement Officials from Durgapur Sub-Regional Office.

5. Several reports after inspection was submitted by the En

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