WRIT PETITION 14559 of 2010 on 20 September 2006

ORAL JUDGMENT

Date : 15-04-2025

1. Heard the Learned counsel for thepetitioner as well as the Learned counsel for therespondents.

2. This writ petition has been filed by thepetitioner for setting aside the order dated24.11.2009, passed in ATA No. 679 (3)/2006passed by the Presiding Officer, EmployeesProvident Fund Appellate Tribunal, New Delhiwhereby the Tribunal was pleased to quash theorder dated 20.09.2006 passed by the Assistant Provident Fund Commissioner, Muzaffarpur underSection 7A of the Employees Provident Fund &Miscellaneous Provisions Act, 1952 (for short “EPF& MP Act, 1952”) by which the establishmentherein was directed to pay the entire outstandingdues i.e. Rs. 2,13,05,678/- (Rs. Two crores, thirteenlakhs five thousand six hundred and seventy eightonly).

3. At the outset, the Learned counsel forthe respondents submitted that a Writ petition,being CWJC No. 16336 of 2010 (Central Boardof Trustees, EPF vs. M/s Gandak AreaDevelopment Agency), was earlier filed by theWrit petitioner herein, seeking similar relief, andthe facts of the case were also similar to those inthe present writ petition. The said Writ petition wasallowed by a judgment dated 26.10.2018 passedby a Co-ordinate Bench of this Court. Thereafter,the respondent preferred LPA No. 204 of 2019(M/s Gandak Area Development Agency vs.Central Board of Trustees, EPF) against theaforesaid judgment, wherein a Division Bench of this Court, set aside the order passed by thelearned Single Judge and restored the order passedby the Tribunal. Consequently, the appeal filed bythe respondent was allowed. Subsequently, thepetitioner herein approached the Hon’ble SupremeCourt by filing Special Leave Petition (Civil)Diary No. 23367/2023(Central Board ofTrustees, EPF Versus M/s Gandak AreaDevelopment Agency) against the judgment andorder dated 15.11.2022 passed in LPA No. 204 of2019. However, the said Special Leave Petition wasdismissed for non-prosecution by the Hon’bleSupreme Court vide order dated 21.11.2023.

4. In view of the aforesaid facts andcircumstances, the Learned counsel for therespondents contended that since the similar issueinvolved in the present writ petition was alreadybeen decided by a Division Bench of this Court, thematter is squarely covered by the judgment dated15.11.2022 passed in LPA No. 204 of 2019 (M/sGandak Area Development Agency vs.Central Board of Trustees, EPF), this writ petition may also be disposed of on the sameterms and conditions.

5. Having regard to the submissions madeby learned counsel for the respondents, thepresent writ petition stands dismissed in terms ofthe judgment dated 15.11.2022 passed in LPA No.204 of 2019 (supra).

6. Interlocutory Application, if any, shallstands disposed of.

(G. Anupama Chakravarthy, J)

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AFR/NAFRNAFRCAV DATENAUploading Date03.05.2025Transmission Date