IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11871 of 2019

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Bihar State Hydro Electric Power Corporation Through its Managing

Director, Sone Bhawan 2nd Floor, Birchand Patel Marg, Patna -1, Bihar.

... ... Petitioner/s

Versus

1.

The Union of India The Union of India.

2.

The Secretary Ministry of Labour, Govt. of India, New Delhi.

3.

The Employees Provident Fund Commissioner Employees' Provident Fund

Organization, (Ministry of Labour, Govt. of India) 14, Bhikaji Cama Place,

New Delhi - 110066.

4.

Regional Provident Fund Commissioner Employees' Provident Fund

Organization, (Ministry of Labour, Govt. of India), Regional Office,

Bhavisyanidhi Bhawan, R. Block, Road no. 6, Patna- 800001.

5.

Assistant Provident Fund Commissioner Regional Office, R. Block, Road

No. 6, Patna (Bihar).

6.

Assistant Provident Fund Commissioner (Compliance) Employees'

Provident Fund Organization, (Ministry of Labour, Govt. of India), Regional

Office, R. Block, Road no. 6, Patna (Bihar).

7.

Enforcement Office and Inspector Employees' Provident Fund Organization,

(Ministry of Labour, Govt. of India), Bhavisyanidhi Bhawan, R. Block,

Road no. 6, Patna (Bihar).

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr. Bishwa Bibhuti Kumar Singh, Advocate

For the Respondent/s

:

Mr. S. D. Shanjay, ADSG

For Respondent No. 3 to 7 :

Mr. Rajiv Kumar Verma, Sr. Advocate

Mr. Prashant Sinha, Advocate

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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI

ORAL JUDGMENT

Date : 14-10-2022

The matter is taken up through virtual mode.

2. In the instant petition, petitioner has prayed for the

following relief/reliefs:

“(a) To quash or set aside the Ex Party

order contained in Letter No.551, dated 10.5.2019

passed by Assistant Provident Fund Commissioner,

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Patna in a 7 A proceeding under EPF & MP Act, 1952

(herein after the Act.)

(b) To restrain the respondents to not take

any co-ercive action against the petitioner for recovery

of any amount demanded through order contained in

Letter No. 551, dated 10.5.2019.

(b) To command the Respondents to issue

summon to the contractors and seek necessary

information from them regarding payment of provident

fund due to their employees.

(c) To hold that the impugned orders as

contained in Annexure- A/31 is illegal, arbitrary,

unreasonable and without any lawful justification.

(d) To pass any other order/orders which

may deem fit and just in the facts and circumstances of

the case.”

3. Petitioner, without exhausting statutory remedy of

appeal before Central Government Industrial Tribunal has rushed

to this Court. Apex Court in the case of State of Jammu and

Kashmir V/s. R.K.Zalpuri and others reported in AIR 2016 SC

3006, Paragraph-20 held as under:

“20.

Having stated thus, it is useful to refer to a passage

from City and Industrial Development Corporation V/s.Dosu

Aardeshir Bhiwandiwala and others {(2009) 1 SCC 168},

wherein this Court while dwelling upon jurisdiction under

Article 226 of the Constitution, has expressed thus:-

“The Court while exercising its jurisdiction under Article 226

is duty-bound to consider whether:

(a) Adjudication of writ petition involves any complex and

disputed question of facts and whether they can be

satisfactorily resolved;

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(b) The petition reveals all material facts;

(c) The petitioner has any alternative or effective remedy for

the resolution of the dispute;

(d) Person invoking the jurisdiction is guilty of unexplained

delay and laches;

(e) Ex facie barred by any laws of limitation;

(f) Grant of relief is against public policy or barred by any

valid law; and host of other factors”

4. In the light of these facts and circumstance