IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 199 of 2009
M/s Basudeb Auto Ltd.,Ranchi ...... Petitioner
Versus
Regional Provident Fund
Commissioner, Employees Provident
Fund Organization, Jharkhand & ors....... Respondents
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CORAM: HON'BLE MR. JUSTICE AJIT KUMAR SINHA
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For the petitioner: Mr. K.B.Sinha, Sr.Advocate
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02. 27.01.2009
This writ petition has been preferred for issuance of a writ of
mandamus to the Assistant Provident Fund Commissioner-cum-
Recovery Officer to refund Rs.4,87,893/- to the petitioner, which
has been illegally recovered when the petitioner was yet to appear
on 18.11.2008 before him for hearing. Further prayer has been
made to set aside the order dated 17.7.2008 of the E.P.F. Appellate
Tribunal, New Delhi and also the order dated 3.11.2008 and order
dated 7.11.2008 issued by the E.P.F. Commissioner-cum-Recovery
Officer No.3259 dated 3.11.2008 and No.3290 dated 7.11.2008.
Prima facie this Court has no jurisdiction more so when the
dismissal for non-prosecution has been restored as per the report
given by the learned counsel on record. In any case the appeal is
already pending.
Mr. K.B.Sinha, learned Senior Advocate submits that at least
he may be allowed to agitate his grievance before the appellate
authority where the appeal is already subjudice.
It goes without saying that he has every right to agitate his
grievances and ask for appropriate relief in accordance with law.
This writ petition is accordingly dismissed but without any
order as to costs.
(Ajit Kumar Sinha, J.)
A.K.Verma/