Ajay Chandra Sinha vs Employees’ Provident Fund Organisation

I.A. No. 10213 of 2019

The present interlocutory application has been filed on behalf of the petitioner seeking challenge to letter no.

JH/RO/RNC/RECOVERY/11773/2019/1260/26842 dated 11.10.2019 issued under the signature of the Recovery Officer, Employees’ Provident

Fund Organisation, Ranchi, whereby a show cause notice has been issued to the petitioner as to why the warrant of arrest should not be issued against

him and also directing the petitioner to appear before the said authority on 08.11.2019.

Mr. Anil Kumar Sinha, the learned Senior Counsel for the petitioner, submits that due to subsequent development which took place in the matter, the

present interlocutory application has become infructuous.

In view of the said submission, I.A. No. 10213 of 2019 is dismissed as infructuous.

I.A. No. 4690 of 2019

The present interlocutory application has been filed on behalf of the petitioner seeking amendment in the prayer made in the writ petition.

The learned Senior Counsel for the petitioner submits that the petitioner inadvertently could not challenge the order dated 05.02.2019 passed by the

respondent no. 1 â€" Regional Provident Fund Commissioner (C & R), EPFO, Regional Office, Ranchi, Jharkhand under Section 7B of the

Employees’ Provident Funds and Miscellaneous Provisions Act, 1952. Hence, the petitioner seeks to challenge the said order by way of the

present amendment application.

Mr. P.A.S. Pati, the learned counsel for the EPFO, opposes the said prayer of the petitioner.

Having heard the learned counsel for the parties and keeping in view that by allowing the petitioner to challenge the order dated 05.02.2019 passed by

the respondent no. 1 under Section 7B of the Act, 1952 shall not change the nature of the writ petition, the petitioner is permitted to add the prayer in

the writ petition which is mentioned in paragraph-6 of the present interlocutory application.

I.A. No. 4690 of 2019 stands disposed of.

I.A. No. 10808 of 2019

The present interlocutory application has been filed on behalf of the petitioner seeking challenge to issuance of warrant of arrest as contained in letter

no. JH/RO/RNC/RECOVERY/11773/2019 /1351/30929 dated 14.11.2019 issued under the signature of the Recovery Officer, Employees’

Provident Fund Organisation, Ranchi, whereby the Sr. Superintendent of Police, Ranchi has been directed to arrest the petitioner- Ajay Chandra

Sinha, Director of M/s Amit Multiplex Private Limited.

The learned Senior Counsel for the petitioner submits that the present writ petition was filed by the petitioner in the month of April, 2019 and the same

was taken up by a Bench of this Court on 08.05.2019 and on the said date, after brief argument, the learned counsel for the respondent-EPFO prayed

for an adjournment so as to file appropriate affidavit. Thereafter, a counter affidavit has been filed on behalf of the respondents on 13.05.2019 and

vide order passed on the same day i.e., 13.05.2019, the case was ordered to be listed on 17.05.2019. However, the case was not listed on board and in

the meantime, the Recovery Officer, EPFO has issued the warrant of arrest as contained in letter no. JH/RO/RNC/RECOVERY/11773/2019/1351

/30929 dated 14.11.2019, declaring the petitioner to be a defaulter for non-payment of an amount of Rs. 2,32,352/-. It is thus submitted by the learned

Senior Counsel for the petitioner that the operation of warrant of arrest as contained in letter dated 14.11.2019 may be stayed.

Mr. P.A.S. Pati, the learned counsel for the EPFO, submits that the warrant of arrest issued against the petitioner is justified as he has not paid the

dues assessed under Section 7A of the Act, 1952 for a long period.

Having heard the learned counsel for the parties, the operation of the warrant of arrest as contained in letter no.

JH/RO/RNC/RECOVERY/11773/2019 /1351/30929 dated 14.11.2019 issued under the signature of the Recovery Officer, Employees’ Provident

Fund Organisation, Ranchi is stayed till further orders.

I.A. No. 10808 of 2019 stands disposed of.

W.P.(C.) No. 1844 of 2019

In view of the orders passed in I.A. No. 4690 of 2019 and I.A. No. 10808 of 2019, the petitioner is directed to file an amended writ petition

incorporating the aforesaid prayers.

Put up this case under the heading “For Admissionâ€​ on 05.02.2020.