(1.) The writ petition is under Article 226 of the Constitution of India, wherein a direction has been sought for quashing the order dated 29.08.2016 passed by the Recovery Officer, Employees Provident Fund Organization , respondent no. 1, it is from the material available on record that the petitioner is not covered under the Employees Provident Fund and Miscellaneous Provisions Act, 1952 herein after referred as the Act, 1952. A proceeding under section 7 of the aforesaid Act has been initiated for determination of the lease wherein an order was passed by the competent authority.
(2.) The petitioner has chosen not to assailed the order either under section 7 A of the Act, 1952 or appeal provided as under section 7I of the aforesaid Act and therefore the order having attends its finality. The recovery Officer in view of the provisions as conferred under section 8 of the aforesaid Act has proceeded to recover the amount as determined in view of the provisions under section 7A of the Act.
(3.) The petitioner at this juncture had approached this Court by filing a petition being W.P.(C) No. 3709 of 2015 by questioning the authority of the Recovery Officer, a co-ordinate bench of this Court vide order dated 29.06.2016 disposed of this writ petition giving liberty to the petitioner to approach before the Recovery Officer for consideration of his grievance in accordance with law. The recovery Officer, passed an order dated 04.08.2016 whereby and whereunder he has came to finding that no new facts has been brought by the petitioner therefore decline to interfere.