M/S. BHARAT SANCHAR NIGAM LTD. AND OTHERS Vs. ASSISTANT REGIONAL PROVIDENT FUND COMMISSIONER AND OTHERS

JUDGEMENT

(1.) It is feeling aggrieved by the judgment and order dated 29.06.2017, passed by a learned Single Judge of this Court in CWJC No. 416 of 2015 and CWJC No. 1323 of 2015 respectively, whereby it is taking note of the alternative remedy present under Section 7-I of the Employees' Provident Funds And Miscellaneous Provisions Act, 1952 (hereinafter referred to as 'the P.F. Act') as well as taking note of the law settled by the Hon'ble Supreme Court in the judgment reported in (2010) 8 SCC 110 (United Bank of India v. Satyawati Tondon and Ors.) that the learned Single Judge has dismissed the writ petition, allowing the appellant-writ petitioner to avail of the alternative remedy so available in law under 'the P.F. Act' that these two appeals have come to be filed.

(2.) The appellant-writ petitioner is a Government of India Corporation having its establishment across the State and has raised a grievance against the statutory discharge by the authorities of the Provident Fund Department under 'the P.F. Act'.

(3.) While L.P.A. No. 1518 of 2017 arises from CWJC No. 416 of 2015, whereby the appellant-writ petitioner has prayed for issuance of writ of certiorari for quashing the order dated 18.11.2014, passed by the Regional Provident Fund Commissioner through SRO, Bhagalpur, in purported exercise of powers vested under Section 14B read alongside Section 7Q of 'the P.F. Act' for alleged default by the appellant-writ petitioner in depositing the remittances under the Act, L.P.A. No. 1519 of 2017 arises from an order passed in CWJC No. 1323 of 2015, whereby the petitioner had questioned the order, dated 24.09.2009 of the same authority passed in the purported exercise of powers vested in Section 7A of 'the P.F. Act' in assessment of the dues for the period 03/2002 to 02/2004 (incorrectly referred to as 10/2002 to 02/2005 in the writ petition.