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Axis Bank Limited v. Employees‟ Provident And Ors

Axis Bank Limited v. Employees‟ Provident And Ors

(High Court Of Jharkhand)

W.P.(C) No. 1738 of 2022 | 05-05-2022

1. The present writ petition has been filed for quashing letter No. DO/DHN/COMP/33153 dated 21st March, 2022 (Annexure-8 to the writ petition) issued under the signature of the Assessing Officer, Employees' Provident Fund Organization, District Office, Dhanbad, whereby the petitioner has been declared as the employer in default in exercise of power conferred under Section 8-F(3)(x) of the Employees' Provident Fund & Miscellaneous Provisions Act, 1952 [hereinafter referred to as "the Act, 1952"] and further action has been initiated for recovery of the amount. Further prayer has been made for quashing letter No. DO/DHN/COMP/33153/12439 dated 22nd March, 2022 (Annexure-13 to the writ petition) issued under the signature of the Assessing Officer, Employees' Provident Fund Organization, District Office, Dhanbad, whereby the General Manager, Reserve Bank of India, R.R.D.A. Building, Pragati Sadan, Ranchi-respondent No. 4 has been directed to deduct an amount of Rs. 6,84,46,291/- from the account of the petitioner maintained at Reserve Bank of India and remit the same to the Regional Provident Fund Commissioner, Ranchi by demand draft/bearer cheque.

2. Reference may be made to the order dated 28.04.2022, relevant part of which reads as under:

"Mr. Rajiv Ranjan, learned senior counsel for the petitioner, while referring to Annexure-14 to the supplementary affidavit, submits that vide letter dated 19th April, 2022, the Assistant Provident Fund Commissioner, District Office, Dhanbad has informed the Assistant General Manager, Reserve Bank of India, Ranchi that out of total default amount of the employer-Dhanbad Municipal Corporation, Dhanbad i.e. Rs. 6,84,46,291/-, an amount of Rs. 5,63,18,522/- has already been recovered and the balance amount to be recovered is Rs. 1,21,27,769/-. Learned senior counsel, on instruction, further submits that subsequently the said balance amount of Rs. 1,21,27,769/- has been remitted by the Reserve Bank of India to the EPFO as the default amount of the employer. Thus, the entire default amount of Rs. 6,84,46,291/- has already been recovered by the EPFO. Under the said circumstance, the impugned letters dated 21st March, 2022 and 22nd March, 2022 (Annexures-8 & 13 respectively to the writ petition) are required to be withdrawn so as to put an end to the issue.

On this, Mr. P.A.S. Pati, learned counsel for the respondent Nos. 1 and 2, prays for a short adjournment to seek appropriate instruction in this regard.

In view of the said prayer, put up this case under the same heading on 5th May, 2022".

3. Mr. P.A.S. Pati, learned counsel for the respondent Nos. 1 & 2, produces a copy of letter No. 229 dated 29.04.2022 issued by the Assistant Provident Fund Commissioner, District Office, Dhanbad to the Branch Manager, Reserve Bank of India, Ranchi and submits that vide said letter, the impugned attachment letters/orders issued under Section 8-F(3)(x) of the Act, 1952 have been withdrawn/released.

4. Considering the fact that after recovery/realisation of the entire default amount of Rs. 6,84,46,291/-, the impugned attachment letters/orders issued under Section 8-F(3)(x) of the Act, 1952 have already been withdrawn/released, there is no need to further proceed with the matter.

5. The present writ petition is accordingly disposed of.

6. Let a copy of letter No. 229 dated 29.04.2022 be kept on record.

Advocate List
  • Mr. Rajiv Ranjan, Mr. A. K. Yadav

  • Mr. P. A. S. Pati Mr. Ayush Aditya

Bench
  • HON'BLE MR. JUSTICE RAJESH SHANKAR
Eq Citations
  • 2022 (175) FLR 35
  • 2022 LLR 821
  • LQ/JharHC/2022/553
Head Note

EPF, 1952 — S. 8-F(3)(x) — Default amount — Recovery of — After recovery of entire default amount, withdrawal of impugned attachment letters/orders — Prayer for — Allowed — Held, considering fact that after recovery/realisation of entire default amount, impugned attachment letters/orders issued under S. 8-F(3)(x) had already been withdrawn/released, there is no need to further proceed with matter — Writ petition accordingly disposed of — Constitution of India, Art. 226