M/S Office Of The District Commandant vs The Employees Provident Fund … on 13 May, 2025

0
30


Patna High Court

M/S Office Of The District Commandant vs The Employees Provident Fund … on 13 May, 2025

Author: A. Abhishek Reddy

Bench: A. Abhishek Reddy

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.848 of 2024
     ======================================================
     M/s Office Of The District Commandant Bihar Home Guards, Chapra,
     District Saran, BIhar Represented through Aameer Israr, Presently postedd as
     District Saran, Bihar Presently posted as District commandant, S/O Late Md.
     Isarul Haque, Aged abourt 53 yrs. Gender- Male, Resident of near Dalal ki
     masjid Razaq colony, Alamganj, Sampatchak Guljarbagh Patna, Bihar, Pin-
     800007.
                                                                ... ... Petitioner/s
                                         Versus

1.   The Employees Provident Fund Organization Ministry of Labour,
     Government of India, Head officer Bhavisyanidhi Bhawan, 14, Bikkaji
     Cama place, New Delhi-110066.
2.   Employees Provided Fund Organization Ministry of Lobaour, Government
     of India, Regional Office, Bhavishyanidhi Bhawa, R Block, Road No.-6,
     Bihar, Patna represented through the Regional Provident Fund
     Commissioner-II.
3.   The Regional Provident Fund COmmissioner-II Employees Provident Fund
     Organization, Ministry of Labour, Government of India, Regional Office,
     Bhavishyanidhi Bhawa R Block, Road No.- 6, Bihar, Patna.
4.   The Recovery Officer Regional Provident Fund Commissioner-II,
     Employees Provident Fund Organization, Ministry of Labour, Government
     of India, Regional Officer Surya Complex, Lakshmi Chowk, Muzaffarpur,
     Bihar, Pin-842003.
5.   The Enforcement Officer Regional Provident Fund Commissioner-II,
     Employees Provident Fund Organization, Ministry of Labour, Government
     of India, Regional Officer Surya Complex, Lakshmi Chowk, Muzaffarpur,
     Bihar, Pin-842003.
6.   Employees Provident Fund Organizatin Ministry of Labour, Government of
     India, Regional Officer, Surya Complex, Lakshmi Chawk, Muzaffarpur,
     Bihar, PIN- 842003, represented through The Regional Provident Fund
     Commissioner-II.
7.   The Regional PRovident Fund Employees Provident Fund Organization,
     Ministry of Labour, Government of India, Regional Officer Surya Complex,
     Lakshmi Chowk, Muzaffarpur, Bihar, Pin-842003.
8.    THe Branch Manager State Bank of India, Chapra, District- Saran, Bihar.
                                                             ... ... Respondent/s
     ======================================================
                                      with

                     Civil Writ Jurisdiction Case No. 957 of 2024
     ======================================================
     M/s Office of The District Commandant Bihar Home Guards, East
     Champaran, District- Motihari, Bihar Represented through, Avinash Kumar,
     Presently posted as District Commnadant, S/O Sri Bishwanath Paswan, aged
     about 29 yrs., gender- male, resident of village and post office- mahwal,
     police station- Motipur, District- Muzaffarpur, Bihar, Pin-843111.
 Patna High Court CWJC No.848 of 2024 dt.13-05-2025
                                           2/55




                                                                 ... ... Petitioner/s
                                              Versus

  1.    The Employees Provident Fund Organization Ministry of Labour,
        Government of India, Head office Bhavishyanidhi Bhawan, 14, Bikkaji
        Cama Place, New Delhi-110066.
  2.    Employees Provident Fund Organization Ministry Labour, Government of
        India, Regional Office Bhavishyanidhi Bhawan, R Block, Road No.-6 Bihar
        Patna represented through the Regional Provident Fund Commissioner-II.
  3.    The Regional Provident Fund Commissioner-II Employees Provident Fund
        Organization, Ministry of Labour, Government of India, Regional Officer,
        Bhavishyanidhi Bhawan, R Block, Road No.- 6, Bihar, Patna.
  4.    The Recovery Officer Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Surya Coplex, Lakshmi Chawk, Muzaffarpur,
        Bihar, PIN-842003.
  5.    The Enforcement Officer Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Surya Complex, Lakshmi Chawk, Muzaffarpur,
        Bihar, PIN-842003
  6.    Employees Provident Fund Organization Ministry of Labour, Government of
        India, Regional Office, Surya Complex, Lakshmi Chawk, Muzaffarpur,
        Bihar, PIN 842003, represented through The Regional Provident Fund
        Commissioner-II.
  7.    The Regional Provident Fund Commissioner-II Employees Provident Fund
        Organization, Ministry of Labour, Government of India, Regional Office,
        Surya Complex, Lakshmi Chawk, Muzaffarpur, Bihar, PIN 842003.
  8.    The Branch Manager State Bank Bank of India, Motihari, District- Motihari,
        Bihar.

                                                 ... ... Respondent/s
       ======================================================
                                 with

                       Civil Writ Jurisdiction Case No. 962 of 2024
       ======================================================
       M/S Office of the District Commandant, Bihar Home Guards, Siwan, District-
       Siwan, Bihar Represented through Ravi Kumar, Presently Posted as District
       Cmmandant, S/O- Sri Deomuni Sah, Aged about 31 yrs., Gender- Male,
       Resident of Mohalla- Teachers Colony, Behind Old Mazzar, Sampatchak,
       Patna, Bihar, Pin- 800007

                                                                 ... ... Petitioner/s
                                              Versus

  1.    The Employees Provident Fund Organization, Ministry of Labour,
        Government of India, Head Office, Bhavishyanidhi Bhawan, 14, Bikkaji
 Patna High Court CWJC No.848 of 2024 dt.13-05-2025
                                           3/55




        Cama Place, New Delhi- 110066
  2.    Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Bhavishyanidhi Bhawan, R Block, Road No.- 6,
        Bihar Patna represented through the Regional Provident Fund
        Commissioner-II
  3.    The Regional Provident Fund Commissioner-II Employees Provident Fund
        Organization, Ministry of Labour, Government of India, Regional Office,
        Bhavishyanidhi Bhawan, R Block, Road No.- 6, Bihar, Patna
  4.    The Recovery Officer, Employees Provident Fund Organization, Ministry of
        Labour, Government Of India, Regional Office, Surya Complex, Lakshmi
        Chawk, Muzaffarpur, Bihar, PIN- 842003
  5.    The Enforcement Officer, Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Surya Complex, Lakshmi Chawk, Muzaffarpur,
        Bihar, PIN- 842003
  6.    Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Surya Complex, Lakshmi Chawk, Muzaffarpur,
        Bihar, PIN- 842003, represented through the Regional Provident Fund
        Commissioner-II
  7.    The Regional Provident Fund Commissioner-II Employees Provident Fund
        Organization, Ministry of Labour, Government of India, Regional Office,
        Surya Complex, Lakshmi Chawk, Muzaffarpur, Bihar, PIN- 842003
  8.    The Branch Manager, State Bank of India, Siwan, District- Siwan, Bihar

                                                 ... ... Respondent/s
       ======================================================
                                 with

                       Civil Writ Jurisdiction Case No. 1070 of 2024
       ======================================================
       M/s Office Of The District Commandant, Bihar Home Guards, Malaypur,
       Jamui Represented Through, Jayant Pratap Singh, Presently Posted As
       District Commnadant, S/o Late B.M.P. Singh, Aged About 58 Yrs., Gender-
       male, Resident Of Village and Post Office- Amnour, Police Station- Amnour,
       District- Saran(Chapra), Bihar, Pin-841401.

                                                            ... ... Petitioner/s
                                       Versus
  1.    The Employees Provident Fund Organization, Ministry of Labour,
        Government of India, Head office, Bhavishyanidhi Bhawan, 14, Bikkaji
        Cama Place, New Delhi-110066.
  2.    Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Bhavishyanidhi Bhawan, R' Block, Road No.-6,
        Bihar, Patna represented through the Regional Provident Fund
        Commissioner-II.
  3.    The Regional Provident Fund Commissioner-II, Employees Provident Fund
        Organization, Ministry of Labour, Government of India, Regional Office,
        Adampur Chowk, Bhagalpur, Bihar, PIN-812001.
 Patna High Court CWJC No.848 of 2024 dt.13-05-2025
                                           4/55




  4.    The Recovery Officer, Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Adampur Chowk, Bhagalpur, Bihar, PIN-812001.
  5.    The Enforcement Officer, Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Adampur Chowk, Bhagalpur, Bihar, PIN-812001.

                                                               ... ... Respondent/s
       ======================================================
                                            with
                      Civil Writ Jurisdiction Case No. 1106 of 2024
       ======================================================
       M/s Office of the Commandant Bihar Home Guards, Special Battalion, Bihta,
       Patna represented through Manoj Kumar Nut, Presently Posted as Senior
       Divisional Commandant, S/o Sri Moti Nut, Aged About 51 Yrs. Gender-
       Male, resident of Village- Ageyan and Post Office- Agya, Police Station-
       Goreyakothi, District- Siwan, Bihar, Pin- 841439.

                                                                 ... ... Petitioner/s
                                       Versus
  1.    The Employees Provident Fund Organization Ministry of Labour,
        Government of India, Head office, Bhavishyanidhi Bhawan, 14, Bikkaji
        Cama Place, New Delhi-110066.
  2.    Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Bhavishyanidhi Bhawan, R Block, Road No.-6,
        Bihar, Patna represented through the Regional Provident Fund
        Commissioner-II.
  3.    The Regional Provident Fund Commissioner- II, Employees Provident Fund
        Organization, Ministry of Labour, Government of India, Regional Office,
        Bhavishyanidhi Bhawan, R. Block, Road No.- 6, Bihar, Patna.
  4.    The Recovery Officer, Regional Provident Fund Commissioner-II.
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Bhavishyanidhi Bhawan, R. Block, Road No.- 6,
        Bihar, Patna.
  5.    The Enforcement Officer, Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Bhavishyanidhi Bhawan, R. Block, Road No.- 6,
        Bihar, Patna.

                                                               ... ... Respondent/s
       ======================================================
                                           with
                      Civil Writ Jurisdiction Case No. 1178 of 2024
       ======================================================
       M/S Office Of The District Commandant Bihar Home Guards, Madhubani,
       District- Madhubani, Bihar represented through Sanjay Kumar, Presently
       posted as District Commandant, S/O Sri Ramlochan Prasad Singh, aged about
       43 yrs. Gender- Male, Resident of Mohalla- East of Community Hall,
 Patna High Court CWJC No.848 of 2024 dt.13-05-2025
                                           5/55




       Bagdulhan, Ward No.- 23, Hazipur, Police Station- Hazipur Town, District-
       Vaishali, Bihar, PIN- 8441001

                                                            ... ... Petitioner/s
                                       Versus
  1.    The Employees Provident Fund Organization Ministry of Labour,
        Government of India, Head Office, Bhavishyanidhi Bhawan, 14, Bikkaji
        Cama Place New Delhi- 110066
  2.    Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Bhavishyanidhi Bhawan, R Block, Road No.- 6,
        Bihar, Patna represented through the Regional Provident Fund
        Commissioner-II
  3.    The Regional Provident Fund Commissioner-II, Employees Provident Fund
        Organization, Ministry of Labour, Government of India, Regional Office,
        Bhavishyanidhi Bhawan, R Block, Road No.- 6, Bihar, Patna.
  4.    The Recovery Officer, Employees Provident Fund Organization, Ministry of
        Labour, Government of India, Regional Office, Saidnagar, Ekmi Road,
        Laheriasarai, Darbhanga, Bihar, PIN- 846001
  5.    The Enforcement Officer, Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Saidnagar, Ekmi Road, Laheriasarai, Darbhanga,
        Bihar, PIN- 846001
  6.    Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Saidnagar, Ekmi Road, Laheriasarai, Darbhanga,
        Bihar, PIN- 846001, represented through The Regional Provident Fund
        Commissioner-II
  7.    The Regional Provident Fund Commissioner-II, Employees Provident Fund
        Organization, Ministry of Labour, Government of India, Regional Office,
        Saidnagar, Ekmi Road, Laheriasarai, Darbhanga, Bihar, PIN- 846001

                                                                ... ... Respondent/s
       ======================================================
                                           with
                      Civil Writ Jurisdiction Case No. 1209 of 2024
       ======================================================
       M/s Office of the District Commandant, Bihar Home Guards District Vaishali
       Bihar represented through Dr. Ashok Kumar Prasad, Presently posted as
       District Commandant, S/o Late Kedar Nath Prasad, aged about 49 yrs,
       Gender-Male, Resident of Village and Post Ofice Saraiya, Belouti, Via Bihiya
       Choursta Near Kali Mandir, Belauthi, Bhojpur Police Station Sahpur, District-
       Bhojpur, Bihar, Pin-802154.

                                                            ... ... Petitioner/s
                                       Versus
  1.    The Employees Provident Fund Organization Ministry of Labour,
        Government of India, Head Office, Bhavishyanidhi Bhawan, 14, Bikkaji
        Cama Place, New Delhi-110066.
  2.    Employees Provident Fund Organization Ministry of Labour, Government of
 Patna High Court CWJC No.848 of 2024 dt.13-05-2025
                                           6/55




        India, Regional Office Bhavishyanidhi Bhawan, R Block, Road No. 6, Bihar,
        Patna, represented through the Regional Provident Fund Commissioner-II.
  3.    The Regional Provident Fund Commissioner -II, Employees Provident Fund
        Organization, Ministry of Labour, Government of India, Regional Office
        Bhavishyanidhi Bhawan, R Block, Road No. 6, Bihar, Patna.
  4.    The Recovery Officer, Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Surya Complex, Lakshmi Chawk, Muzaffarpur.
  5.    The Enforcement Officer, Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Surya Complex, Lakshmi Chawk, Muzaffarpur.
  6.    Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Surya Complex, Lakshmi Chawk, Muzaffarpur,
        Bihar, Pin-842003, represented through The Regional Provident Fund
        Commissioner-II.
  7.    The Regionalk Provident Fund Commissioner-II, Employees Provident Fund
        Organization, Ministry of Labour, Government of India, Regional Office,
        Surya Complex, Lakshmi Chawk, Muzaffarpur, Bihar, PIN-842003.

                                                                ... ... Respondent/s
       ======================================================
                                             with
                       Civil Writ Jurisdiction Case No. 1482 of 2024
       ======================================================
       M/S Office of the District Commandant Bihar Home Guards, Nawada,
       District - Nawada, Bihar represented through Md. Faiz Alam, presently posted
       as District Commandant, S/o Md. Abdul Hakim, aged about 42 yrs., Gender-
       Male, Resident of Mohalla - Koiriya Khas, Kodaria Khas, Police Station -
       Paroo, District - Muzaffarpur, Bihar, Pin - 8431121.

                                                                  ... ... Petitioner/s
                                       Versus
  1.    The Employees Provident Fund Organization Ministry of Labour
        Government of India, Head Office, Bhavishyanidhi Bhawan, 14, Bikkaji
        Cama Place, New Delhi- 110066.
  2.    Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office Bhavishyanidhi Bhawan, R Block, Road No. - 6,
        Bihar, Patna represented through the Regional Provident Fund
        Commissioner -II.
  3.    The Regional Provident Fund Commissioner - II, Employees Provident Fund
        Organization, Ministry of Labour, Government of India, Regional Office,
        District Office, GMTD BSNL BHAWAN, 1st Floor, G.B Road, Gaya, Bihar
        - 823001.
  4.    The Recovery Officer, Employees Provident Fund Organization, Ministry of
        Labour, Government of India, Regional Office, District Office, GMTD
        BSNL BHAWAN, 1st Floor, G.B. Road, Gaya, Bihar - 823001.
  5.    The Enforcement Officer, Employees Provident Fund Organization, Ministry
        of Labour, Government of India, Regional Office, District Office, GMTD
 Patna High Court CWJC No.848 of 2024 dt.13-05-2025
                                           7/55




        BSNL BHAWAN, 1st Floor, G.B. Road, Gaya, Bihar - 823001.
  6.    The Branch Manager, State Bank of India, Kachari Road, Nawada, District -
        Nawada, Bihar.

                                                               ... ... Respondent/s
       ======================================================
                                           with
                      Civil Writ Jurisdiction Case No. 1518 of 2024
       ======================================================
       Ms Office Of The District Commandant Bihar Home Guards, Gopalganj,
       District- Gopalganj, Bihar represented through Rai Kumar, Presently posted
       as District Commandant, S/O Sri Deomuni Sah, aged about 31 yrs., Gender-
       Male, Resident of Mohalla- Teachers Colony, behind Old Mazzar,
       Sampatchak, Patna, Bihar, PIN- 800007

                                                            ... ... Petitioner/s
                                       Versus
  1.    The Employees Provident Fund Organization Ministry of Labour,
        Government of India, Head Office, Bhavishyanidhi Bhawan, 14, Bikkaji
        Cama Place, New Delhi- 110066
  2.    Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Bhavishyanidhi Bhawan, R Block, Road No.-6,
        Bihar, Patna represented through the Regional Provident Fund
        Commissioner-II
  3.    The Regional Pfovident Fund Commissioner-II Employees Provident Fund
        Organization, Ministry of Labour, Government of India, Regional Office,
        Bhavishyanidhi Bhawan, R Block, Road No.-6, Bihar, Patna.
  4.    The Recovery Officer, Employees Provident Fund Organization, Ministry of
        Labour, Government of India, Regional Office, Surya Comples, Lakshmi
        Chawk, Muzaffarpur, Bihar, PIN- 842003
  5.    The Enforcement Officer, Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Surya Complex, Lakshmi Chawk, Muzaffarpur,
        Bihar, PIN- 842003
  6.    Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Surya Complex, Lakshmi Chawk, Muzaffarpur,
        Bihar, PIN- 842003, represented through The Regional Provident Fund
        Commissioner-II
  7.    The Regional Provident Fund Commissioner-II Employees Provident Fund
        Organization, Ministry of Labour, Government of India, Regional Office,
        Surya Complex, Lakshmi Chawk, Muzaffarpur, Bihar, PIN- 842003

                                                           ... ... Respondent/s
       ======================================================
                                       with
                  Civil Writ Jurisdiction Case No. 1524 of 2024
       ======================================================
 Patna High Court CWJC No.848 of 2024 dt.13-05-2025
                                           8/55




       M/s Office of The District Commandant Bihar Home Guards, Old Police
       Lines, Laldarwaza, Munger, Represented through, Jayant Pratap Singh,
       Presently Posted As District Commandant, S/o Late B.M.P. Singh, Aged
       About 58 Yrs., Gender- Male, Resident of Village and Post Office- Amnour,
       Police Station- Amnour, District- Saran (Chapra), Bihar, Pin- 841401.

                                                            ... ... Petitioner/s
                                       Versus
  1.    The Employees Provident Fund Organization Ministry of Labour,
        Government of India, Head office, Bhavishyanidhi Bhawan, 14, Bikkaji
        Cama Place, New Delhi-110066.
  2.    Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Bhavishyanidhi Bhawan, R. Block, Road No.- 6,
        Bihar, Patna represented through the Regional Provident Fund
        Commissioner- II.
  3.    The Regional Provident Fund Commissioner-II, Employees Provident Fund
        Organization, Ministry of Labour, Government of India, Regional Office,
        Adampur Chowk, Bhagalpur, Bihar, PIN- 812001.
  4.    The Recovery Officer, Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Adampur Chowk, Bhagalpur, Bihar, PIN- 812001.
  5.    The Enforcement Officer, Regional Provident Fund Commissioner-II,
        Provident Employees Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Adampur Chowk, Bhagalpur, Bihar, PIN- 812001.

                                                               ... ... Respondent/s
       ======================================================
                                           with
                      Civil Writ Jurisdiction Case No. 1536 of 2024
       ======================================================
       M/s Office Of The District Commandant, Bihar Home Guards, Jehanabad
       District-Jehanabad, Bihar Represented Through Prabha Kumari, Presently
       Posted As District Commandant, D/o Sri P.N.Pathak, Aged About 31 Yrs.,
       Gender- Female, Resident Of Mohalla-Ramauli, Post Office-Ramauli, Police
       Station-Bahera, District-Darbhanga, Bihar, Pin-8447201

                                                                 ... ... Petitioner/s
                                       Versus
  1.    The Employees Provident Fund Organization Ministry of Labour,
        Government of India, Head office, Bhavishyanidhi Bhawan, 14, Bikkaji
        Cama Place, New Delhi-110066.
  2.    Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Bhavishyanidhi Bhawan, R Block, Road No.-6,
        Bihar, Patna represented through the Regional Provident Fund
        Commissioner-II.
  3.    The Regional Provident Fund Commissioner-II Employees Provident Fund
        Organization, Ministry of Labour, Government of India, Regional Office,
        Bhavishyanidhi Bhawan, R Block, Road No.-6, Bihar, Patna.
 Patna High Court CWJC No.848 of 2024 dt.13-05-2025
                                           9/55




  4.    The Recovery Officer, Employees Provident Fund Organization, Ministry of
        Labour, Government of India, Regional Office, Bhavishyanidhi Bhawan, R
        Block, Road No.-6, Bihar, Patna.
  5.    The Enforcement Officer, Employees Provident Fund Organization, Ministry
        of Labour, Government of India, Regional Office, Bhavishyanidhi Bhawan,
        R Block, Road No.-6, Bihar, Patna.
  6.    The Branch Manager, State Bank of India, Main Branch, Jehanabad,
        District-Jehanabad, Bihar, PIN-804408

                                                               ... ... Respondent/s
       ======================================================
                                           with
                      Civil Writ Jurisdiction Case No. 1557 of 2024
       ======================================================
       M/s Office of the District Commandant, Bihar Home Guards, Aurangabad,
       District Aurangabad, Bihar represented through Vinay Kumar, Presently
       posted as District Commandant, S/o Bhogendra Kumar, aged about 46 years,
       Gender- Male, Resident of Kripanath Singh Road, Near Phed Motor House,
       Post Office- Sultanganj, Police Station- Sultanganj, Bhagalpur, Bihar, Pin-
       813213.

                                                            ... ... Petitioner/s
                                       Versus
  1.    The Employees Provident Fund Organization, Ministry of Labour,
        Government of India, Head office, Bhavishyanidhi Bhawan, 14, Bikkaji
        Cama Place, New Delhi-110066.
  2.    Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Bhavishyanidhi Bhawa, R Block, Road No.-6,
        Bihar, Patna represented through the Regional Provident Fund
        Commissioner-II.
  3.    The Regional Provident Fund Commissioner- II, Employees Provident Fund
        Organization, Ministry of Labour, Government of India, Regional Office,
        Bhavishyanidhi Bhawa, R Block, Road No.-6, Bihar, Patna.
  4.    The Recovery Officer, Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Bhavishyanidhi Bhawa, R Block, Road No.-6,
        Bihar, Patna.
  5.    The Enforcement Officer, Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Bhavishyanidhi Bhawa, R Block, Road No.-6,
        Bihar, Patna.
  6.    Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, District Office, GMTD BSNL BHAWAN, 1st
        Floor, G.B.Road, Gaya, Bihar-823001 represented through The Regional
        Provident Fund Commissioner-II.
  7.    The Regional Provident Fund Commissioner-II, Employees Provident Fund
        Organization, Ministry of Labour, Government of India, Regional Office,
        District Office, GMTD BSNL BHAWAN, 1st Floor, G.B.Road, Gaya, Bihar-
 Patna High Court CWJC No.848 of 2024 dt.13-05-2025
                                          10/55




        823001.
  8.    The Branch Manager, State Bank of India, Aurangabad, District-
        Aurangabad, Bihar PIN-824101.

                                                               ... ... Respondent/s
       ======================================================
                                           with
                      Civil Writ Jurisdiction Case No. 1763 of 2024
       ======================================================
       M/s Office Of The District Commandant, Bihar Home Guards, Sitamadhi,
       District- Sitamadhi, Bihar Represented Through Gautam Kumar, Presently
       Posted As Senior District Commnadant, S/o Sri Kamleshwari Prasad Rajak,
       Aged About-37 Yrs., Gender-male, Resident Of Mohalla/village-maldih,
       Ward No.-08,post Office-karanja, Police Station- Shambhuganj, District-
       banka, Bihar, Pin-813207

                                                                   ... ... Petitioner/s
                                       Versus
  1.    The Employees Provident Fund Organization Ministry of Labour,
        Government of India, Head office, Bhavishyanidhi Bhawan, 14, Bikkaji
        Cama Place, New Delhi-110066.
  2.    Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Bhavishyanidhi Bhawan, R Block, Road No.-6,
        Bihar, Patna represented through the Regional Provident Fund
        Commissioner-II.
  3.    The Regional Provident Fund Commissioner-II, Employees Provident Fund
        Organization, Ministry of Labour, Government of India, Regional Office,
        Surya Complex, Lakshmi Chawk, Muzaffarpur, Bihar, PIN- 842003.
  4.    The Recovery Officer, Employees Provident Fund Organization, Ministry of
        Labour, Government of India, Regional Office, Surya Complex, Lakshmi
        Chawk, Muzaffarpur, Bihar, PIN-842003.
  5.    The Enforcement Officer, Employees Provident Fund Organization, Ministry
        of Labour, Government of India, Regional Office, Surya Complex, Lakshmi
        Chawk, Muzaffarpur, Bihar, PIN-842003.
  6.    The Branch Manager, State Bank of India, Sitamarhi, District-Sitamarhi,
        Bihar

                                                                 ... ... Respondent/s
       ======================================================
                                           with
                      Civil Writ Jurisdiction Case No. 1880 of 2024
       ======================================================
       M/S Office of the District Commandant Bihar Home Guards, Sheohar,
       District - Sheohar, Bihar represented through Gautam Kumar, Presently
       posted as Senior District Commandant, S/o Sri Kamleshwari Prasad Rajak,
       Aged about -37 Yrs., Gender- Male, Resident of Mohalla/Village - Maldih,
       Ward No. - 08, Post Office - Karanja, Police Station - Shambhuganj, District -
       Banka, Bihar, PIN - 813207.
 Patna High Court CWJC No.848 of 2024 dt.13-05-2025
                                          11/55




                                                            ... ... Petitioner/s
                                       Versus
  1.    The Employees Provident Fund Organization Ministry of Labour,
        Government of India, Head Office, Bhavishyanidhi Bhawan, 14, Bhikaji
        Cama Place, New Delhi- 110066.
  2.    Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office Bhavishyanidhi Bhawan, R Block, Road No. - 6,
        Bihar, Patna represented through the Regional Provident Fund
        Commissioner -II.
  3.    The Regional Provident Fund Commissioner - II, Employees Provident Fund
        Organization, Ministry of Labour, Government of India, Regional Office,
        Surya Complex, Lakshmi Chawk, Muzaffarpur, Bihar, PIN - 842003.
  4.    The Recovery Officer, Employees Provident Fund Organization, Ministry of
        Labour, Government of India, Regional Office, Surya Complex, Lakshmi
        Chawk, Muzaffarpur, Bihar, PIN - 842003.
  5.    The Enforcement Officer, Employees Provident Fund Organization, Ministry
        of Labour, Government of India, Regional Office, Surya Complex, Lakshmi
        Chawk, Muzaffarpur, Bihar, PIN - 842003.
  6.    The Branch Manager, Bank of India, Hirauta Duma, Post Office - Sheohar
        Main Road, District - Sheohar, Bihar.
                                                                ... ... Respondent/s
       ======================================================
                                           with
                      Civil Writ Jurisdiction Case No. 2523 of 2024
       ======================================================
       M/S Office Of The District Commandant Bihar Home Guarda, Darbhanga
       District-Darbhanga, Bihar Represented through Aniruddha Prasad, Presently
       Posted as District Commnadant, S/o Late Ayodhya Prasad, aged About 50
       Yrs., Gender-Male, Resident of Village-Bauri Sarai, Post Office-Bauri Sarai,
       Police Station-Khodaganj, District-Nalanda, Bihar, Pin-801303.
                                                                   ... ... Petitioner/s
                                          Versus
  1.    The Employees Provident Fund Organization Ministry of Labour,
        Government of India, Head office, Bhavishyanidhi Bhawan, 14, Bikkaji
        Cama Place, New Delhi-110066.
  2.    Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Bhavishyanidhi Bhawan, R Block, Road No.-6,
        Bihar, Patna represented through the Regional Provident Fund
        Commissioner-II.
  3.    The Regional Provident Fund Commissioner-II, Employees Provident Fund
        Organization, Ministry of Labour, Government of India, Regional Office,
        Bhavishyanidhi Bhawan, R Block, Road No.-6, Bihar, Patna.
  4.    The Recovery Officer, Employees Provident Fund Organization, Ministry of
        Labour, Government of India, Regional Office, Saidnagar, Ekmi Road,
        Laheriasarai, Darbhnaga, Bihar, PIN-846001.
  5.    The Enforcement Officer, Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
 Patna High Court CWJC No.848 of 2024 dt.13-05-2025
                                          12/55




        of India, Regional Office, Saidnagar, Ekmi Road, Laheriasarai, Darbhnaga,
        Bihar, PIN-84600
  6.    Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Saidnagar, Ekmi Road, Laheriasarai, Darbhnaga,
        Bihar, PIN-846001, represented through The Regional Provident Fund
        Commissioner-II.
  7.    The Regional Provident Fund Commissioner-II, Employees Provident Fund
        Organization, Ministry of Labour, Government of India, Regional Office,
        Saidnagar, Ekmi Road, Laheriasarai, Darbhnaga, Bihar, PIN-846001.
  8.    Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Surya Complex, Lakshmi Chawk, Muzaffarpur,
        Bihar, PIN-842003, represented through The Regional Provident Fund
        Commissioner-II.
  9.    The Branch Manager, State Bank of India, Kadirabad, Near Bus Stand,
        District-Darbhanga.

                                                               ... ... Respondent/s
       ======================================================
                                           with
                      Civil Writ Jurisdiction Case No. 2563 of 2024
       ======================================================
       M/S Office Of The District Commandant, Bihar Home Guards, Begusarai
       District-Begusarai, Bihar Represented Through Manish Kumar, Presently
       Posted As District Commnadant, S/O Late Arun Kumar Verma, Aged About
       47 Yrs., Gender-Male, Resident Of Mohalla-Ramsakhi Dwarika Bhawan,
       Chiraiyatand Postal Park Nala Road, Police Station-Kankarbag, District-
       Patna, Bihar, Pin-800001.

                                                            ... ... Petitioner/s
                                       Versus
  1.    The Employees Provident Fund Organization Ministry of Labour,
        Government of India, Head office, Bhavishyanidhi Bhawan, 14, Bikkaji
        Cama Place, New Delhi-110066.
  2.    Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Bhavishyanidhi Bhawan, R Block, Road No.-6,
        Bihar, Patna represented through the Regional Provident Fund
        Commissioner-II.
  3.    The Regional Provident Fund Commissioner-II, Employees Provident Fund
        Organization, Ministry of Labour, Government of India, Regional Office,
        Bhavishyanidhi Bhawan, R Block, Road No.-6, Bihar, Patna.
  4.    The Recovery Officer, Employees Provident Fund Organization, Ministry of
        Labour, Government of India, Regional Office, Saidnagar, Ekmi Road,
        Laheriasarai, Darbhnaga, Bihar, PIN-846001.
  5.    The Enforcement Officer, Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Saidnagar, Ekmi Road, Laheriasarai, Darbhnaga,
        Bihar, PIN-846001.
  6.    Employees Provident Fund Organization, Ministry of Labour, Government
 Patna High Court CWJC No.848 of 2024 dt.13-05-2025
                                          13/55




        of India, Regional Office, Saidnagar, Ekmi Road, Laheriasarai, Darbhnaga,
        Bihar, PIN-846001, represented through The Regional Provident Fund
        Commissioner-II.
  7.    The Regional Provident Fund Commissioner-II, Employees Provident Fund
        Organization, Ministry of Labour, Government of India, Regional Office,
        Saidnagar, Ekmi Road, Laheriasarai, Darbhnaga, Bihar, PIN-846001.
  8.    Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Surya Complex, Lakshmi Chawk, Muzaffarpur,
        Bihar, PIN-846001 represented through The Regional Provident Fund
        Commissioner-II.
  9.    The Branch Manager, State Bank of India, Nagar Palika Chawk, District-
        Begusarai.

                                                              ... ... Respondent/s
       ======================================================
                                          with
                     Civil Writ Jurisdiction Case No. 2807 of 2024
       ======================================================
       M/s Office of the District Commandant Bihar Home Guards, Muzaffarpur,
       District- Muzaffarpur, Bihar Represented Through T.N.Jha, Presently Posted
       as District Commnadant, S/o Sri Surya Narayan Jha, Aged About 53 Yrs.,
       Gender-male, Resident of Mohalla/village-Simari, Police Station-Bisfi,
       District-Madhubani, Bihar, Pin-847222.

                                                            ... ... Petitioner/s
                                       Versus
  1.    The Employees Provident Fund Organization Ministry of Labour,
        Government of India, Head office, Bhavishyanidhi Bhawan, 14, Bikkaji
        Cama Place, New Delhi-110066.
  2.    Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Bhavishyanidhi Bhawan, R Block, Road No.--6,
        Bihar, Patna represented through the Regional Provident Fund
        Commissioner-II.
  3.    The Regional Provident Fund Commissioner-II, Employees Provident Fund
        Organization, Ministry of Labour, Government of India, Regional Office,
        Bhavishyanidhi Bhawan, R Block, Road No.-6, Bihar, Patna.
  4.    The Recovery Officer, Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Surya Complex, Lakshmi Chawk, Muzaffarpur,
        PIN-842003.
  5.    The Enforcement Officer, Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Surya Complex, Lakshmi Chawk, Muzaffarpur,
        PIN-842003.
  6.    Regional Provident Fund Commissioner-II, Employees Provident Fund
        Organization, Ministry of Labour, Government of India, Regional Office,
        Surya Complex, Lakshmi Chawk, Muzaffarpur, PIN-842003.
  7.    Employees Provident Fund Organization, Ministry of Labour, Government
 Patna High Court CWJC No.848 of 2024 dt.13-05-2025
                                          14/55




        of India, Regional Office, Surya Complex, Lakshmi Chawk, Muzaffarpur,
        PIN-842003 represented through Regional Provident Fund Commissioner-II.
  8.    The Branch Manager, State Bank of India, Muzaffarpur, District-
        Muzaffarpur, Bihar

                                                                   ... ... Respondent/s
       ======================================================
                                             with
                      Civil Writ Jurisdiction Case No. 2933 of 2024
       ======================================================
       M/S Office of the District Commandant, Bihar Home Guards, Bagaha, West
       Champaran, Represented through, Anil Kumar Verma, presently posted as
       District Commandant, S/O Late Lallan Verma, aged about 39 yrs., Gender-
       Male, Resident of Village- Mandar Khas and Post Office- Vijaipur, Police
       Station- Vijaipur, District- Gopalganj, Bihar, PIN- 841508.

                                                                     ... ... Petitioner/s
                                       Versus
  1.    The Employees Provident Fund Organization, Ministry of Labour,
        Government of India, Head office, Bhavishyanidhi Bhawan, 11 Bikkaji
        Cama Place, New Delhi- 110066.
  2.    Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Bhavishyanidhi Bhawan, P. Block, Road No.-6,
        Bihar, Patna represented through e Regional Provident Fund Commissioner-
        II.
  3.    The Regional Provident Fund Commissioner-II, Employees Provident Fund
        Organization, 3. Ministry of Labour, Government of India, Regional Office,
        Bhavishyanidhi Bhawan, T.' Block, Road No.-6, Bihar, Patna.
  4.    The Regional Provident Fund Commissioner-II, Employees Provident Fund
        Organization Ministry of Labour, Government of India, Regional Office,
        Surya Complex, Lakshmi Chawk, Muzaffarpur, Bihar, PIN- 842003.
  5.    The Recovery Officer, Employees Provident Fund Organization, Ministry of
        Labour, Government of Indi Regional Office, Surya Complex, Lakshmi
        Chawk, Muzaffarpur, Bihar, PIN- 842003.
  6.    The Enforcement Officer, Employees Provident Fund Organization, Ministry
        of Labour, Government of India, Regional Office, Surya Complex, Lakshmi
        Chawk, Muzaffarpur, Bihar, PIN-842003.

                                                                ... ... Respondent/s
       ======================================================
                                            with
                       Civil Writ Jurisdiction Case No. 3414 of 2024
       ======================================================
       M/s Office of the District Commandant Bihar Home Guards, Ara (Bhojpur),
       represented through Anil Kumar Singh, presently posted as District
       Commandant, S/o Late Dharm Nath Singh, aged about 60 years, Gender-
       Male, Resident of Village-Akuchak and Post Office-Taraiya, Police Station-
       Taraiya, District-Saran (Chapra), Bihar-PIN-841424.
 Patna High Court CWJC No.848 of 2024 dt.13-05-2025
                                          15/55




                                                            ... ... Petitioner/s
                                       Versus
  1.    The Employees Provident Fund Organization Ministry of Labour,
        Government of India, Head Office, Bhavishyanidhi Bhawan, 14, BIkkaji
        Cama Place, New Delhi-110066.
  2.    Employees Provident Fund Organization Ministry of Labour, Government of
        India, Regional Office, Bhavishyanidhi Bhawan, R Block, Road No. 6,
        Bihar, Patna represented through the Regional Provident Fund
        Commissioner-II.
  3.    The Regional Provident Fund Commissioner-II Employees Provident Fund
        Organization, Ministry of Labour, Government of India, Regional Office,
        Bhavishyanidhi Bhawan, R Block, Road No. 6, Bihar, Patna
  4.    The Recovery Officer, Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Bhavishyanidhi Bhawan, R Block, Road No. 6,
        Bihar, Patna
  5.    The Enforcement Officer, Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Bhavishyanidhi Bhawan, R Block, Road No. 6,
        Bihar, Patna.

                                                               ... ... Respondent/s
       ======================================================
                                           with
                     Civil Writ Jurisdiction Case No. 3460 of 2024
       ======================================================
       M/s Office of the District Commandant, Bihar Home Guards, Samastipur,
       District- Samastipur, Bihar Represented Through T. N. Jha, Presently Posted
       as District Commnadant, S/o Sri Surya Narayan Jha, Aged About 53 Yrs.,
       Gender-male, Resident of Mohalla/village- Simari, Police Station- Bisfi,
       District- Madhubani, Bihar, Pin-847222.

                                                            ... ... Petitioner/s
                                       Versus
  1.    The Employees Provident Fund Organization, Ministry of Labour,
        Government of India, Head office, Bhavishyanidhi Bhawan, 14, Bikkaji
        Cama Place, New Delhi-110066.
  2.    Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Bhavishyanidhi Bhawan, R Block, Road No.--6,
        Bihar, Patna represented through the Regional Provident Fund
        Commissioner-II.
  3.    The Regional Provident Fund Commissioner-II, Employees Provident Fund
        Organization, Ministry of Labour, Government of India, Regional Office,
        Bhavishyanidhi Bhawan, R Block, Road No.-6, Bihar, Patna.
  4.    The Recovery Officer, Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India Regional Office, Surya Complex, Lakshmi Chawk, Muzaffarpur,
 Patna High Court CWJC No.848 of 2024 dt.13-05-2025
                                          16/55




        PIN-842003.
  5.    The Enforcement Officer, Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Surya Complex, Lakshmi Chawk, Muzaffarpur,
        PIN-842003.
  6.    Regional Provident Fund Commissioner-II, Employees Provident Fund
        Organization, Ministry of Labour, Government of India, Regional Office,
        Surya Complex, Lakshmi Chawk, Muzaffarpur, PIN-842003.
  7.    Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Surya Complex, Lakshmi Chawk, Muzaffarpur,
        PIN-842003 represented through Regional Provident Fund Commissioner-II.
  8.    The Branch Manager, State Bank of India, Muzaffarpur, District-
        Muzaffarpur, Bihar

                                                              ... ... Respondent/s
       ======================================================
                                           with
                     Civil Writ Jurisdiction Case No. 5286 of 2024
       ======================================================
       M/s Office of the District Commandant Bihar Home Guards, Sheikhpura,
       represented through Md. Faiz Alam, Presently posted as Senior District
       Commandant, S/o Md. Abdul Hakim, aged about 42 yrs,. Gender-Male,
       resident of Mohalla-Koiriya Khas, Kodaria Khas, Police Station-Paroo,
       District-Muzaffarpur, Bihar, Pin-8431121.

                                                                 ... ... Petitioner/s
                                       Versus
  1.    The Employees Provident Fund Organization Ministry of Labour,
        Government of India, Head Office, Bhavishyanidhi Bhawan, 14, Bikkaji
        Cama Place, New Delhi-110066.
  2.    Employees Provident Fund Organization Ministry of Labour, Government of
        India, Regional Office, Bhavishyanidhi Bhawan, R Block, Road No-6,
        Bihar, Patna represented through the Regional Provident Fund
        Commissioner-II.
  3.    The Regional Provident Fund Commissioner-II, Employees Provident Fund
        Organization, Ministry of Labour, Government of India, Regional Office,
        Adampur Chowk, Bhagalpur, Bihar, PIN-812001.
  4.    The Recovery Officer, Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Adampur Chowk, Bhagalpur, Bihar, PIN-812001.
  5.    The Enforcement Officer, Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Adampur Chowk, Bhagalpur, Bihar, PIN-812001.

                                                           ... ... Respondent/s
       ======================================================
                                       with
                  Civil Writ Jurisdiction Case No. 5837 of 2024
 Patna High Court CWJC No.848 of 2024 dt.13-05-2025
                                          17/55




       ======================================================
       M/s Office of the District Commandant Bihar Home Guards, Rohtas
       Represented through Ritesh Kumar Pandey, Presently Posted as District
       Commnadant, S/o Rashmi Kant Pandey, aged about 36 Yrs., Gender-Male,
       Resident of Mohalla-SH, 16/64, B-4A, Kadipur, Shivpur, Varansi, Indrapur,
       VSI Shivpur, Varanasi, Uttar Pradesh, Police Station-Shiv Pur, Distirct-
       Varansi, Uttar Pradesh, Pin-221003.

                                                            ... ... Petitioner/s
                                       Versus
  1.    The Employee Provident Fund Organization Ministry of Labour,
        Government of India, Head Office, Bhavishyanidhi Bhawan, 14, Bhikaji
        Cama Place, New Delhi-110066.
  2.    Rmployees Provident Fund Organization, Ministry of Labour, Government
        of India, Head Office, Bhavishyanidhi Bhawan, R Block Road No.-6, Bihar,
        Patna represented through the Regional Provident Fund Commissioner-II.
  3.    The Regional Provicent Fund Commissioner-II, Employees Provident Fund
        Organization, Ministry of Labour, Government of India, Regional Office,
        Bhavishyanidhi Bhawan, R. Block, Road No.-6, Bihar, Patna, PIN-800001.
  4.    The Recovey Officer, Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Bhavishyanidhi Bhawan, R. Block, Road No.-6,
        Bihar, Patna, PIN-800001.
  5.    The Enforcement officer, Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Bhavishyanidhi Bhawan, R. Block, Road No.-6,
        Bihar, Patna, PIN-800001.

                                                                   ... ... Respondent/s
       ======================================================
                                            with
                      Civil Writ Jurisdiction Case No. 5964 of 2024
       ======================================================
       M/s Commandant Central Training Institute, Bihar Home Guards Anandpur,
       Bihta, Patna represented through Dr. Ashok Kumar Prasad, Presently posted
       as Commandant-cum-Principal (Additional Charge), S/O Late Kedar Nath
       Prasad, aged about 49 Yrs., Gender- Male, Resident of Village and Post
       Office- Saraiya, Belouti, Via Bihiya Choursta near Kali Mandir, Belauthi,
       Bhojpur, Police Station- Sahpur, District- Bhojpur, Bihar, PIN- 802154.

                                                                     ... ... Petitioner/s
                                       Versus
  1.    The Employees Provident Fund Organization, Ministry of Labour,
        Government of India, Head Office, Bhavishyanidhi Bhawan, 14, Bhikaji
        Cama Place, New Delhi- 110066.
  2.    Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Bhavishyanidhi Bhawan, R Block, Road No- 6,
        Bihar, Patna represented through the Regional Provident Fund
        Commissioner- II.
 Patna High Court CWJC No.848 of 2024 dt.13-05-2025
                                          18/55




  3.    The Recovery Officer, Employees Provident Fund Organization, Ministry of
        Labour, Government of India, Regional Office, Bhavishyanidhi Bhawan, R
        Block, Road No.- 6, Bihar, Patna.
  4.    The Engorcement Officer, Employees Provident Fund Organization,
        Ministry of Labour, Government of India, Regional Office, Bhavishyanidhi
        Bhawan, R Block- Road No.- 6, Bihar, Patna.

                                                               ... ... Respondent/s
       ======================================================
                                           with
                     Civil Writ Jurisdiction Case No. 6061 of 2024
       ======================================================
       M/s Office of the District Commandant, Bihar Home Guards Head Quarter,
       Patna, Bihar represented through Manoj Kumar Nut, presently posted as
       Senior Divisional Commandant, S/o Sri Moti Nut, Aged about 51 yrs,
       Gender-Male, Resident of Village-Ageyan and Post Office-Agya, Police
       Station-Goreyakothi, District-Siwan, Bihar, Pin-841439.

                                                                 ... ... Petitioner/s
                                       Versus
  1.    The Employees Provident Fund Organization Ministry of Labour,
        Government of India, Head Office, Bhavishyanidhi Bhawan, 14, Bikkaji
        Cama Place, New Delhi-110066.
  2.    Employees Provident Fund Organization Ministry of Labour, Government of
        India, Regional Office, Bhavishyanidhi Bhawan, R Block, Road No. -6,
        Bihar, Patna represented through the Regional Provident Fund
        Commissioner-II.
  3.    The Regional Provident Fund Commissioner-II, Employees Provident Fund
        Organization, Ministry of Labour, Government of India, Regional Office,
        Bhavishyanidhi Bhawan, R Block, Road No. -6, Bihar, Patna.
  4.    The Recovery Officer, Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Bhavishyanidhi Bhawan, R Block, Road No. -6,
        Bihar, Patna.
  5.    The Enforcement Officer, Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Bhavishyanidhi Bhawan, R Block, Road No. -6,
        Bihar, Patna.

                                                               ... ... Respondent/s
       ======================================================
                                             with
                      Civil Writ Jurisdiction Case No. 6486 of 2024
       ======================================================
       M/S Office of the District Commandant Bihar Home Guards, Nalanda, Bihar
       Represented through, Md. Faiz Alam, Presently posted as Senior District
       Commnadant, S/o Md. Abdul Hakim, aged about 42 yrs., Gender- Male,
       Resident of Mohalla - Koiriya Khas, Kodaria Khas, Police Station - Paroo,
       District- Muzaffarpur, Bihar, Pin - 8431121.
 Patna High Court CWJC No.848 of 2024 dt.13-05-2025
                                          19/55




                                                            ... ... Petitioner/s
                                       Versus
  1.    The Employees Provident Fund Organization, Ministry of Labour,
        Government of India, Head Office, Bhavishyanidhi Bhawan, 14, Bhikaji
        Cama Place, New Delhi- 110066.
  2.    Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Bhavishyanidhi Bhawan, R Block, Road No. - 6,
        Bihar, Patna represented through the Regional Provident Fund
        Commissioner- II.
  3.    The Regional Provident Fund Commissioner- II, Employees Provident Fund
        Organization, Ministry of Labour, Government of India, Regional Office,
        Bhavishyanidhi Bhawan, R Block, Road No. - 6, Bihar, Patna.
  4.    The Recovery Officer, Regional Provident Fund Commissioner- II,
        Employees Provident Fund Organizati Ministry of Labour, Government of
        India, Regional Office, Bhavishyanidhi Bhawan, R Block, Road No. - 6,
        Bihar, Patna.
  5.    The Enforcement Officer, Regional Provident Fund Commissioner- II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Bhavishyanidhi Bhawan, R Block, Road No. - 6,
        Bihar, Patna.

                                                               ... ... Respondent/s
       ======================================================
                                            with
                      Civil Writ Jurisdiction Case No. 6499 of 2024
       ======================================================
       M/s Office of the District Commandant, Bihar Home Guards, Kaimur
       (Bhabhua) represented through Ritesh Kumar Pandey, presently posted as
       District Commandant, S/o Rashmi Kant Pandey, aged about 36 yrs. Gender
       Male, resident of Mohalla-SH, 16/64, B-4A, Kadipur, Shvipur, Varansi,
       Indrapur, Vshi Shivpur, Varanashi, Uttar Pradesh, Police Station Shivpur,
       District-Varanashi, Uttar Pradesh, PIN-221003.

                                                                 ... ... Petitioner/s
                                       Versus
  1.    The Employees Provident Fund Organization Ministry of Labour,
        Government of India, Head Office, Bhavishyanidhi Bhawan, 14, Bhikaji
        Cama Place, New Delhi-110066.
  2.    Employees Provident Fund Organization Ministry of Labour, Government of
        India, Regional Office, Bhavishyanidhi Bhawan, R Block, Road No. 6,
        Bihar, Patna, represented through the Regional Provident Fund
        Commissioner-II.
  3.    The Regional Provident Fund Commissioner-II, Employees Provident Fund
        Organization, Ministry of Labour, Government of India, Regional Office
        Bhavishyanidhi Bhawan, R Block, Road No. 6, Bihar, Patna, PIN-800001.
  4.    The Recovery Officer, Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
 Patna High Court CWJC No.848 of 2024 dt.13-05-2025
                                          20/55




        of India, Regional Office Bhavishyanidhi Bhawan, R Block, Road No. 6,
        Bihar, Patna, PIN-800001.
  5.    The Enforcement Officer, Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office Bhavishyanidhi Bhawan, R Block, Road No. 6,
        Bihar, Patna, PIN-800001.

                                                                ... ... Respondent/s
       ======================================================
                                            with
                      Civil Writ Jurisdiction Case No. 6894 of 2024
       ======================================================
       M/s Office of The District Commandant Bihar Home Guards, Arwal
       Represented through, Rashmi, Presently posted as District Commandant, W/o
       Sri Vibhishan Kumar, Aged about 41 Yrs., Gender- Female, Resident of
       Mohalla - Prabudh Colony, Road No. - 2, Police Station - Delha, Kharkhura,
       District- Gaya, Bihar, Pin - 823002.

                                                                  ... ... Petitioner/s
                                       Versus
  1.    The Employees Provident Fund Organization, Ministry of Labour
        Government of India, Head Office, Bhavishyanidhi Bhawan, 14, Bhikaji
        Cama Place, New Delhi- 110066.
  2.    Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Bhavishyanidhi Bhawan, R Block, Road No.- 6,
        Bihar, Patna represented through the Regional Provident Fund
        Commissioner- II.
  3.    The Regional Provident Fund Commissioner- II, Employees Provident Fund
        Organization, Ministry of Labour, Government of India, Regional Office,
        Bhavishyanidhi Bhawan, R Block, Road No - 6, Bihar, Patna, PIN - 800001.
  4.    The Recovery Officer, Regional Provident Fund Commissioner- II,
        Employees Provident Fund Organization, Ministry Of Labour, Government
        of India, Regional Office, Bhavishyanidhi Bhawan, R Block, Road No. - 6,
        Bihar, Patna, PIN - 800001.
  5.    The Enforcement Officer, Regional Provident Fund Commissioner- II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Bhavishyanidhi Bhawan, R Block, Road No. - 6,
        Bihar, Patna, PIN - 800001.

                                                              ... ... Respondent/s
       ======================================================
                                          with
                     Civil Writ Jurisdiction Case No. 7235 of 2024
       ======================================================
       M/s Office of The District Commandant, Bihar Home Guards, Bettiah, West
       Champaran Represented Through, Manish Kumar, Presently Posted As
       District Commandant, S/o Late Arun Kumar Verma, Aged About 47 Yrs.,
       Gender- Male, Resident of Mohalla- Ramsakhi Dwarika Bhawan,
 Patna High Court CWJC No.848 of 2024 dt.13-05-2025
                                          21/55




       Chiraiyatand Postal Park Nala Road, Police Station-Kankarbag, District-
       Patna, Bihar, Pin- 800001.

                                                            ... ... Petitioner/s
                                       Versus
  1.    The Employees Provident Fund Organization Ministry of Labour,
        Government of India, Head office, Bhavishyanidhi Bhawan, 14, Bhikaji
        Cama Place, New Delhi-110066.
  2.    The Regional Provident Fund Commissioner-II, Employees Provident Fund
        Organization, Ministry of Labour, Government of India, Regional Office,
        Bhavishyanidhi Bhawan, R. Block, Road No.- 6, Bihar, Patna.
  3.    The Recovery Officer, Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Surya Complex, Lakshmi Chawk, Muzaffarpur,
        PIN- 842003.
  4.    The Enforcement Officer, Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Surya Complex, Lakshmi Chawk, Muzaffarpur,
        PIN- 842003.
  5.    Regional Provident Fund Commissioner-II, Employees Provident Fund
        Organization, Ministry of Labour, Government of India, Regional Office,
        Surya Complex, Lakshmi Chawk, Muzaffarpur, PIN- 842003.
  6.    Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Surya Complex, Lakshmi Chawk, Muzaffarpur,
        PIN- 842003 represented through Regional Provident Fund Commissioner-
        II.

                                                                ... ... Respondent/s
       ======================================================
                                            with
                      Civil Writ Jurisdiction Case No. 7800 of 2024
       ======================================================
       M/S Office Of The District Commandant Bihar Home Guards, Katihar,
       Represented through, Mamta Kumari, Presently Posted as District
       Commnadant,W/o Sri Shivendra Kumar Anubhavi, Aged About 41 yrs,
       Gender-Female, Resident of Village/Mohalla-Akair, Post Office-Chandi,
       Police Station-Chandi, District-Nalanda, Bihar, Pin-801305.

                                                            ... ... Petitioner/s
                                       Versus
  1.    The Employees Provident Fund Organization Ministry of Labour,
        Government of India, Head office, Bhavishyanidhi Bhawan, 14, Bikkaji
        Cama Place, New Delhi-110066
  2.    Employees Provident Fund Organization Ministry of Labour, Government of
        India,Regional Office Bhavishyanidhi ,R,Block, Road No.-6 Bihar, Patna
        represented through the Regional Provident Fund Commissioner-II.
  3.    The Regional Provident Commissioner-II Employees Provident Fund
        Organization,Ministry of Labour, Government of India,Regional
 Patna High Court CWJC No.848 of 2024 dt.13-05-2025
                                          22/55




        Office,Adampur Chowk, Bhagalpur, Bihar, PIN-812001.
  4.    The Recovery Officer,Regional Provident Fund Commissioner-II Employees
        Provident Fund Organization,Ministry of Labour, Government of
        India,Regional Office,Adampur Chowk, Bhagalpur, Bihar, PIN-812001.
  5.    The Enforcement Officer, Regional Provident Fund Commissioner-II
        Employees Provident Fund Organization,Ministry of Labour, Government of
        India,Regional Office,Adampur Chowk, Bhagalpur, Bihar, PIN-812001.

                                                              ... ... Respondent/s
       ======================================================
                                           with
                     Civil Writ Jurisdiction Case No. 7847 of 2024
       ======================================================
       M/s Office of the District Commandant, Bihar Home Guards, Banka
       Represented through, Harendra Kumar Singh, Presently Posted As District
       Commandant, S/O Siddh Nath Singh, Aged About 58 Yrs., Gender- Male,
       Resident of Village/Mohalla- Ambika Nagar, Nawada Aara Ward No.-19,
       West of Maharaja College, Aara and Post Office- Nawada, Police Station-
       Nawada, District- Bhojpur, Bihar, Pin- 802301.

                                                                   ... ... Petitioner/s
                                       Versus
  1.    The Employees Provident Fund Organization Ministry of Labour,
        Government of India, Head office, Bhavishyanidhi Bhawan, 14, Bikkaji
        Cama Place, New Delhi-110066.
  2.    Employees Provident Fund Organization Ministry of Labour, Government of
        India, Regional Office, Bhavishyanidhi Bhawan, R Block, Road No.-6,
        Bihar, Patna represented through the Regional Provident Fund
        Commissioner- II.
  3.    The Regional Provident Fund Commissioner-II, Employees Provident Fund
        Organization, Ministry of Labour, Government of India, Regional Office,
        Adampur Chowk, Bhagalpur, Bihar, PIN-812001.
  4.    The Recovery Officer, Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Adampur Chowk, Bhagalpur, Bihar, PIN-812001.
  5.    The Enforcement Officer, Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Adampur Chowk, Bhagalpur, Bihar, PIN-812001.

                                                                 ... ... Respondent/s
       ======================================================
                                            with
                       Civil Writ Jurisdiction Case No. 7866 of 2024
       ======================================================
       M/s Office of The District Commandant, Bihar Home Guards Collectorate
       Campus, Patna, Bihar represented through, Manoj Kumar Nut, Presently
       Posted as Senior Divisional Commnadant, S/o Late Sri Moti Nut, Aged About
       51 Yrs., Gender- Male, Resident of Village- Ageyan and Post Office- Agya,
       Police Station- Goreyakothi, District-Siwan Bihar, Pin- 841439.
 Patna High Court CWJC No.848 of 2024 dt.13-05-2025
                                          23/55




                                                            ... ... Petitioner/s
                                       Versus
  1.    The Employees Provident Fund Organization Ministry of Labour,
        Government of India, Head office, Bhavishyanidhi Bhawan, 14, Bikkaji
        Cama Place, New Delhi-110066.
  2.    Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Bhavishyanidhi Bhawan, R Block, Road No.- 6,
        Bihar, Patna represented through the Regional Provident Fund
        Commissioner-II.
  3.    The Regional Provident Fund Commissioner-II, Employees Provident Fund
        Organization, Ministry of Labour, Government of India, Regional Office,
        Bhavishyanidhi Bhawan, R Block, Road No.- 6, Bihar, Patna.
  4.    The Recovery Officer, Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Bhavishyanidhi Bhawan, R Block, Road No.- 6,
        Bihar, Patna.
  5.    The Enforcement Officer, Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Bhavishyanidhi Bhawan, R Block, Road No.- 6,
        Bihar, Patna.

                                                                  ... ... Respondent/s
       ======================================================
                                             with
                       Civil Writ Jurisdiction Case No. 7892 of 2024
       ======================================================
       M/s Office of The District Commandant, Bihar Home Guards, Araria
       Represented through, Mamata Kumari, Presently Posted as District
       Commnadant, W/o Sri Shivendra Kumar Anubhavi, Aged About 41 Yrs.,
       Gender- Female, Resident of Village/Mohalla- Akair, Post Office- Chandi,
       Police Station- Chandi, District- Nalanda, Bihar, Pin- 801305.

                                                            ... ... Petitioner/s
                                       Versus
  1.    The Employees Provident Fund Organization Ministry of Labour,
        Government of India, Head office, Bhavishyanidhi Bhawan, 14, Bikkaji
        Cama Place, New Delhi- 110066.
  2.    Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Bhavishyanidhi Bhawan, R Block, Road No.-6,
        Bihar, Patna represented through the Regional Provident Fund
        Commissioner-II.
  3.    The Regional Provident Fund Commissioner-II, Employees Provident Fund
        Organization, Ministry of Labour, Government of India, Regional Office,
        Adampur Chowk, Bhagalpur, Bihar, PIN- 812001.
  4.    The Recovery Officer, Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Adampur Chowk, Bhagalpur, Bihar, PIN- 812001.
 Patna High Court CWJC No.848 of 2024 dt.13-05-2025
                                          24/55




  5.    The Enforcement Officer, Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Adampur Chowk, Bhagalpur, Bihar, PIN- 812001.

                                                                 ... ... Respondent/s
       ======================================================
                                             with
                       Civil Writ Jurisdiction Case No. 7894 of 2024
       ======================================================
       M/S Office of the District Commandant, Bihar Home Guards, Purnia
       Represented through Mamata Kumari, presently posted as District
       Commnadant, W/o Sri Shivendra Kumar Anubhavi, aged about 41 yrs.,
       Gender-Female, resident of Village/Mohalla- Akair, Post Office- Chandi,
       Police Station- Chandi, District- Nalanda, Bihar, Pin-801305.

                                                                   ... ... Petitioner/s
                                       Versus
  1.    The Employees Provident Fund Organization Ministry of Labour,
        Government of India, Head Office, Bhavishyanidhi Bhawan, 14, Bikkaji
        Cama Place, New Delhi-110066.
  2.    Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Bhavishyanidhi Bhawan, R Block, Road No.-6,
        Bihar, Patna represented through the Regional Provident Fund
        Commissioner-II.
  3.    The Regional Provident Fund Commissioner-II, Employees Provident Fund
        Organization, Ministry of Labour, Government of India, Regional Office,
        Adampur Chowk, Bhagalpur, Bihar, PIN-812001.
  4.    The Recovery Officer, Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Adampur Chowk, Bhagalpur, Bihar, PIN-812001.
  5.    The Enforcement Officer, Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Adampur Chowk, Bhagalpur, Bihar, PIN-812001.

                                                              ... ... Respondent/s
       ======================================================
                                           with
                     Civil Writ Jurisdiction Case No. 8338 of 2024
       ======================================================
       M/s Office of the District Commandant, Bihar Home Guards, Naugachiya
       Represented through, Harendra Kumar Singh, Presently Posted as District
       Commandant, S/o Siddh Nath Singh, aged about 58 Years, Gender- Male,
       Resident of Village/ Mohalla- Ambika Nagar, Nawada Aara Ward no.- 19,
       West of Maharaja College, Aara and Post Office- Nawada, Police Station-
       Nawada, District- Bhojpur, Bihar, Pin- 802301.

                                                                   ... ... Petitioner/s
                                   Versus
  1.    The Employees Provident Fund Organization Ministry of Labour,
 Patna High Court CWJC No.848 of 2024 dt.13-05-2025
                                          25/55




        Government of India, Head office, Bhavishyanidhi Bhawan, 14, Bikkaji
        Cama Place, New Delhi-110066.
  2.    Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Bhavishyanidhi Bhawan, R Block, Road No.-6,
        Bihar, Patna represented through the Regional Provident Fund
        Commissioner- II.
  3.    The Regional Provident Fund Commissioner- II, Employees Provident Fund
        Organization, Ministry of Labour, Government of India, Regional Office,
        Adampur Chowk, Bhagalpur, Bihar, PIN-812001.
  4.    The Recovery Officer, Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Adampur Chowk, Bhagalpur, Bihar, PIN-812001.
  5.    The Enforcement Officer, Regional Provident Fund Commissioner- II
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Adampur Chowk, Bhagalpur, Bihar, PIN-812001.

                                                               ... ... Respondent/s
       ======================================================
                                            with
                      Civil Writ Jurisdiction Case No. 8614 of 2024
       ======================================================
       M/S Office of the District Commandant, Bihar Home Guards, Kishanganj
       Represented through, Harsha Vardhan, Presently Posted as District
       Commnadant, S/o Sri Shambhu Nath Bhagat, aged about 36 yrs., Gender-
       Male, Resident of Village/Mohalla- Bhawanipur, Ward No.-1, Near Bhagwati
       Sthan, Bhawanipur, Post Office- Dudihahi, Police Station- Turki (Kudhani),
       District- Muzaffarpur, Bihar, PIN- 843113.

                                                            ... ... Petitioner/s
                                       Versus
  1.    The Employees Provident Fund Organization, Ministry of Labour,
        Government of India, Head Office, Bhavishyanidhi Bhawan, 14, Bikkaji
        Cama Place, New Delhi-110066.
  2.    Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Bhavishyanidhi Bhawan, R Block, Road No.-6,
        Bihar, Patna represented through the Regional Provident Fund
        Commissioner-II.
  3.    The Regional Provident Fund Commissioner-II,Employees Provident Fund
        Organization, Ministry of Labour, Government of India, Regional Office,
        Adampur Chowk, Bhagalpur, Bihar-812001.
  4.    The Recovery Officer, Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India. Regional Office, Adampur Chowk, Bhagalpur, Bihar, PIN-812001.
  5.    The Enforcement Officer, Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Adampur Chowk, Bhagalpur, Bihar, PIN-812001.

                                                               ... ... Respondent/s
 Patna High Court CWJC No.848 of 2024 dt.13-05-2025
                                          26/55




       ======================================================
                                           with
                      Civil Writ Jurisdiction Case No. 8986 of 2024
       ======================================================
       M/s Office of the District Commandant Bihar Home Guards, Khagaria
       represented through, Akhilesh Kumar Thakur, presently posted as District
       Commandant, S/o Rama Nand Thakur, aged about 51 yrs, Gender - Male,
       resident of Mohalla/Village - Kamtaul, Post Office - Kamtaul, Police Station -
       Kamtaul, District - Darbhanga, Bihar. Pin - 847304.

                                                            ... ... Petitioner/s
                                        Versus
  1.    The Employees Provident Fund Organization Ministry of Labour,
        Government of India, Head office, Bhavishyanidhi Bhawan, 14, Bhikaji
        Cama Palace, New Delhi - 110066.
  2.    Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional office, Bhavishyanidhi Bhawan, R Block, Road No. 6,
        Bihar, Patna represented through the Regional Provident Fund
        Commissioner - II.
  3.    The Regional Provident Fund Commissioner - II, Employees Provident Fund
        Organization, Ministry of Labour, Government of India, Regional Office,
        Adampur Chowk, Bhagalpur, Bihar, Pin - 812001.
  4.    The Recovery Officer, Regional Provident Fund Commissioner - II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Adampur Chowk, Bhagalpur, Bihar, Pin - 812001.
  5.    The Enforcement Officer, Regional Provident Fund Commissioner - II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Adampur Chowk, Bhagalpur, Bihar, Pin - 812001.

                                                                ... ... Respondent/s
       ======================================================
                                           with
                      Civil Writ Jurisdiction Case No. 8999 of 2024
       ======================================================
       M/s Office of the District Commandant Bihar Home Guards, Lakhisarai
       represented through, Akhilesh Kumar Thakur, presently posted as District
       Commandant, S/o Rama Nand Thakur, aged about 61 yrs, Gender - Male,
       resident of Mohalla/Village - Kamtaul, Post Office - Kamtaul, Police Station -
       Kamtaul, District - Darbhanga, Bihar. Pin - 847304.

                                                                   ... ... Petitioner/s
                                        Versus
  1.    The Employees Provident Fund Organization Ministry of Labour,
        Government of India, Head office, Bhavishyanidhi Bhawan, 14, Bhikaji
        Cama Palace, New Delhi - 110066.
  2.    Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional office, Bhavishyanidhi Bhawan, R Block, Road No. 6,
        Bihar, Patna represented through the Regional Provident Fund
        Commissioner - II.
 Patna High Court CWJC No.848 of 2024 dt.13-05-2025
                                          27/55




  3.    The Regional Provident Fund Commissioner - II, Employees Provident Fund
        Organization, Ministry of Labour, Government of India, Regional Office,
        Adampur Chowk, Bhagalpur, Bihar, Pin - 812001.
  4.    The Recovery Officer, Regional Provident Fund Commissioner - II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Adampur Chowk, Bhagalpur, Bihar, Pin - 812001.
  5.    The Enforcement Officer, Regional Provident Fund Commissioner - II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Adampur Chowk, Bhagalpur, Bihar, Pin - 812001.

                                                                ... ... Respondent/s
       ======================================================
                                          with
                     Civil Writ Jurisdiction Case No. 9881 of 2024
       ======================================================
       M/s Office of District Commandant Bihar Home Guards, Gaya, District-
       Gaya, Bihar represented through Rana Amrendra Kumar Deepak, presently
       posted as Senior District Commandant, S/o Sri Ramchandra Singh, aged
       about 59 yrs., gender-male, resident of Mohalla- Vindhyatavi near Kidzee
       School, Rajiv Nagar, Road No.-6, Phulwari, Patna, Bihar- 800024.

                                                            ... ... Petitioner/s
                                       Versus
  1.    The Employees Provident Fund Organization, Ministry of Labour,
        Government of India. Head office, Bhavishyanidhi Bhawan, 14, Bikkaji
        Cama Place, New Delhi-110066.
  2.    Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Bhavishyanidhi Bhawan, R Block, Road No.-6,
        Bihar, Patna represented through the Regional Provident Fund
        Commissioner-II.
  3.    The Regional Provident Fund Commissioner-II Employees Provident Fund
        Organization, Ministry of Labour, Government of India, Regional Office,
        Bhavishyanidhi Bhawan, R Block, Road No.-6, Bihar, Patna.
  4.    The Recovery Officer, Employees Provident Fund Organization, Ministry of
        Labour, Government of India, Regional Office, Bhavishyanidhi Bhawan, R
        Block, Road No.-6, Bihar, Patna.
  5.    The Enforcement Officer, Employees Provident Fund Organization, Ministry
        of Labour, Government of India, Regional Office, Bhavishyanidhi Bhawan,
        R Block, Road No.-6, Bihar, Patna.
  6.    The Branch Manager, State Bank of India, Near Gaya Court, Gaya, District-
        Gaya, Bihar, PIN-823001.

                                                           ... ... Respondent/s
       ======================================================
                                       with
                 Civil Writ Jurisdiction Case No. 13180 of 2024
       ======================================================
 Patna High Court CWJC No.848 of 2024 dt.13-05-2025
                                          28/55




       M/s Office of the District Commandant Bihar Home Guards, Bhagalpur,
       Represented through, Harendra Kumar Singh, presently posted as District
       Commandant, S/o Siddh Nath Singh, aged about 58 years, Gender- Male,
       Resident of Village/Mohalla- Ambika Nagar, Nawada Aara, Ward No.- 19,
       West of Maharaja College, Aara and Post Office- Nawada, Police Station-
       Nawada, District- Bhojpur, Bihar, PIN- 802301.

                                                                 ... ... Petitioner/s
                                       Versus
  1.    The Employees Provident Fund Organization Ministry of Labour,
        Government of India, Head Office, Bhavishyanidhi Bhawan, 14, Bikkaji
        Cama Place, New Delhi- 110066.
  2.    Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Bhavishyanidhi Bhawan, R Block, Road No.- 6,
        Bihar, Patna represented through the Regional Provident Fund
        Commissioner- II.
  3.    The Regional Provident Fund Commissioner- II, Employees Provident Fund
        Organization, Ministry of Labour, Government of India, Regional Office,
        Adampur Chowk, Bhagalpur, Bihar, PIN- 812001.
  4.    The Recovery Officer, Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Adampur Chowk, Bhagalpur, Bihar, PIN- 812001.
  5.    The Enforcement Officer, Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Adampur Chowk, Bhagalpur, Bihar, PIN- 812001.

                                                               ... ... Respondent/s
       ======================================================
                                           with
                     Civil Writ Jurisdiction Case No. 19265 of 2024
       ======================================================
       M/S Office of The District Commandant Bihar Home Guards, Saharsa,
       Represented Through, Sandip Kumar, Presently Posted As District
       Commnadant, S/O Sri Umakant Thakur, Aged About 49 Yrs., Gender-Male,
       Resident Of Village/Mohalla- Near Choti Durga Asthan, Shadipur, Post
       Office- HPO Munger, Police Station- Kotwali Munger, District- Munger,
       Bihar, Pin- 811201.

                                                                 ... ... Petitioner/s
                                       Versus
  1.    The Employees Provident Fund Organization, Ministry of Labour,
        Government of India, Head office, Bhavishyanidhi Bhawan, 14, Bikkaji
        Cama Place, New Delhi-110066.
  2.    Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Bhavishyanidhi Bhawan, R Block, Road No.-6,
        Bihar, Patna represented through the Regional Provident Fund
        Commissioner-II.
  3.    The Regional Provident Fund Commissioner-II, Employees Provident Fund
        Organization, Ministry of Labour, Government of India, Regional Office,
 Patna High Court CWJC No.848 of 2024 dt.13-05-2025
                                          29/55




        Adampur Chowk, Bhagalpur, Bihar, PIN- 812001.
  4.    The Recovery Officer, Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Adampur Chowk, Bhagalpur, Bihar, PIN- 812001.
  5.    The Enforcement Officer, Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Adampur Chowk, Bhagalpur, Bihar, PIN- 812001.
                                                                ... ... Respondent/s
       ======================================================
                                            with
                      Civil Writ Jurisdiction Case No. 19289 of 2024
       ======================================================
       M/s Office of The District Commandant, Bihar Home Guards, Supaul
       Represented Through, Sandip Kumar, Presently Posted As District
       Commnadant, S/o- Sri Sumakant Thakur, Aged About 49 Yrs., Gender- Male,
       Resident of Village/Mohalla- Near Choti Durga Asthan, Shadipur, Post
       Office- HPO Munger, Police Station- Kotwali Munger, District- Munger,
       Bihar, Pin- 811201.

                                                            ... ... Petitioner/s
                                       Versus
  1.    The Employees Provident Fund Organization, Ministry of Labour,
        Government of India, Head office, Bhavishyanidhi Bhawan, 14, Bikkaji
        Cama Place, New Delhi-110066.
  2.    Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Bhavishyanidhi Bhawan, R Block, Road No.-6,
        Bihar, Patna represented through the Regional Provident Fund
        Commissioner-II.
  3.    The Regional Provident Fund Commissioner-II, Employees Provident Fund
        Organization, Ministry of Labour, Government of India, Regional Office,
        Adampur Chowk, Bhagalpur, Bihar, PIN-812001.
  4.    The Recovery Officer, Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Adampur Chowk, Bhagalpur, Bihar, PIN-812001.
  5.    The Enforcement Officer, Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Adampur Chowk, Bhagalpur, Bihar, PIN-812001.

                                                               ... ... Respondent/s
       ======================================================
                                           with
                     Civil Writ Jurisdiction Case No. 19377 of 2024
       ======================================================
       M/S Office of The District Commandant Bihar Home Guards, Madhepura,
       Represented Through, Sandip Kumar, Presently Posted As District
       Commnadant, S/O Sri Umakant Thakur, Aged About 49 Yrs., Gender-Male,
       Resident of Village/ Mohalla Near Choti Durga Asthan, Shadipur, Post
       Office- HPO Munger, Police Station- Kotwali Munger, District- Munger,
       Bihar, Pin- 811201.
 Patna High Court CWJC No.848 of 2024 dt.13-05-2025
                                          30/55




                                                                      ... ... Petitioner/s
                                       Versus
  1.    The Employees Provident Fund Organization, Ministry of Labour,
        Government of India, Head office, Bhavishyanidhi Bhawan, 14, Bikkaji
        Cama Place, New Delhi-110066.
  2.    Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Bhavishyanidhi Bhawan, R Block, Road No.- 6,
        Bihar, Patna represented through the Regional Provident Fund
        Commissioner-II.
  3.    The Regional Provident Fund Commissioner-II, Employees Provident Fund
        Organization, Ministry of Labour, Government of India, Regional Office,
        Adampur Chowk, Bhagalpur, Bihar, PIN-812001.
  4.    The Recovery Officer, Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Adampur Chowk, Bhagalpur, Bihar, PIN-812001.
  5.    The Enforcement Officer, Regional Provident Fund Commissioner-II,
        Employees Provident Fund Organization, Ministry of Labour, Government
        of India, Regional Office, Adampur Chowk, Bhagalpur, Bihar, PIN-812001.
                                                              ... ... Respondent/s
       ======================================================
       Appearance :
       (In Civil Writ Jurisdiction Case No. 848 of 2024)
       For the Petitioner/s      :       Mr.Ajit Kumar, Adv.
       For EPFO                  :       Mr. Rajeev Kumar Verma, Sr. Adv.
                                 :       Mr. Prashant Sinha, Adv.
                                 :       Mr. Rishi Raj Raman, Adv.
       For the Respondent/s      :       Mr.Prashant Sinha
       (In Civil Writ Jurisdiction Case No. 957 of 2024)
       For the Petitioner/s      :       Mr.Ajit Kumar
       For the Respondent/s      :       Mr.Prashant Sinha
       (In Civil Writ Jurisdiction Case No. 962 of 2024)
       For the Petitioner/s      :       Mr.Ajit Kumar
       For the Respondent/s      :       Mr.Rakesh Kumar Singh
       (In Civil Writ Jurisdiction Case No. 1070 of 2024)
       For the Petitioner/s      :       Mr.Ajeet Kumar
       For the Respondent/s      :       Mr.Prashant Sinha
       (In Civil Writ Jurisdiction Case No. 1106 of 2024)
       For the Petitioner/s      :       Mr.Ajeet Kumar
       For the Respondent/s      :       Mr.Prashant Sinha
       (In Civil Writ Jurisdiction Case No. 1178 of 2024)
       For the Petitioner/s      :       Mr.Ajeet Kumar
       For the Respondent/s      :       Mr.Prashant Sinha
       (In Civil Writ Jurisdiction Case No. 1209 of 2024)
       For the Petitioner/s      :       Mr.Ajeet Kumar
       For the Respondent/s      :       Mr.Prashant Sinha
       (In Civil Writ Jurisdiction Case No. 1482 of 2024)
       For the Petitioner/s      :       Mr.Ajit Kumar
       For the Respondent/s      :       Mr.Prashant Sinha
       (In Civil Writ Jurisdiction Case No. 1518 of 2024)
       For the Petitioner/s      :       Mr.Ajeet Kumar
       For the Respondent/s      :       Mr.Prashant Sinha
       (In Civil Writ Jurisdiction Case No. 1524 of 2024)
       For the Petitioner/s      :       Mr.Ajeet Kumar
 Patna High Court CWJC No.848 of 2024 dt.13-05-2025
                                          31/55




       For the Respondent/s      :       Mr.Prashant Sinha
       (In Civil Writ Jurisdiction Case No. 1536 of 2024)
       For the Petitioner/s      :       Mr.Ajeet Kumar
       For the Respondent/s      :       Mr.Prashant Sinha
       (In Civil Writ Jurisdiction Case No. 1557 of 2024)
       For the Petitioner/s      :       Mr.Ajit Kumar
       For the Respondent/s      :       Mr.Prashant Sinha
       (In Civil Writ Jurisdiction Case No. 1763 of 2024)
       For the Petitioner/s      :       Mr.Ajeet Kumar
       For the Respondent/s      :       Mr.Prashant Sinha
       (In Civil Writ Jurisdiction Case No. 1880 of 2024)
       For the Petitioner/s      :       Mr.Ajit Kumar
       For the Respondent/s      :       Mr.Ajit Kumar Sinha
       (In Civil Writ Jurisdiction Case No. 2523 of 2024)
       For the Petitioner/s      :       Mr.Ajeet Kumar
       For the Respondent/s      :       Mr.Prashant Sinha
       (In Civil Writ Jurisdiction Case No. 2563 of 2024)
       For the Petitioner/s      :       Mr.Ajeet Kumar
       For the Respondent/s      :       Mr.Prashant Sinha
       (In Civil Writ Jurisdiction Case No. 2807 of 2024)
       For the Petitioner/s      :       Mr.Ajeet Kumar
       For the Respondent/s      :       Mr.Prashant Sinha
       (In Civil Writ Jurisdiction Case No. 2933 of 2024)
       For the Petitioner/s      :       Mr.Pankaj Kumar Singh
       For the Respondent/s      :       Mr.Prashant Sinha
       (In Civil Writ Jurisdiction Case No. 3414 of 2024)
       For the Petitioner/s      :       Mr.Ajeet Kumar
       For the Respondent/s      :       Mr.Prashant Sinha
       (In Civil Writ Jurisdiction Case No. 3460 of 2024)
       For the Petitioner/s      :       Mr.Ajit Kumar
       For the Respondent/s      :       Mr.Prashant Sinha
       (In Civil Writ Jurisdiction Case No. 5286 of 2024)
       For the Petitioner/s      :       Mr.Ajit Kumar
       For the Respondent/s      :       Mr.Prashant Sinha
       (In Civil Writ Jurisdiction Case No. 5837 of 2024)
       For the Petitioner/s      :       Mr.Ajeet Kumar
       For the Respondent/s      :       Mr.Prashant Sinha
       (In Civil Writ Jurisdiction Case No. 5964 of 2024)
       For the Petitioner/s      :       Mr.Ajeet Kumar
       For the Respondent/s      :       Mr.Prashant Sinha
       (In Civil Writ Jurisdiction Case No. 6061 of 2024)
       For the Petitioner/s      :       Mr.Ajeet Kumar
       For the Respondent/s      :       Mr.Prashant Sinha
       (In Civil Writ Jurisdiction Case No. 6486 of 2024)
       For the Petitioner/s      :       Mr.Ajit Kumar
       For the Respondent/s      :       Mr.Prashant Sinha
       (In Civil Writ Jurisdiction Case No. 6499 of 2024)
       For the Petitioner/s      :       Mr.Ajeet Kumar
       For the Respondent/s      :       Mr.Prashant Sinha
       (In Civil Writ Jurisdiction Case No. 6894 of 2024)
       For the Petitioner/s      :       Mr.Ajit Kumar
       For the Respondent/s      :       Mr.Prashant Sinha
       (In Civil Writ Jurisdiction Case No. 7235 of 2024)
       For the Petitioner/s      :       Mr.Ajit Kumar
       For the Respondent/s      :       Mr.Prashant Sinha
       (In Civil Writ Jurisdiction Case No. 7800 of 2024)
       For the Petitioner/s      :       Mr.Ajeet Kumar
 Patna High Court CWJC No.848 of 2024 dt.13-05-2025
                                          32/55




       For the Respondent/s      :       Mr.
       (In Civil Writ Jurisdiction Case No. 7847 of 2024)
       For the Petitioner/s      :       Mr.Ajit Kumar
       For the Respondent/s      :       Mr.Prashant Sinha
       (In Civil Writ Jurisdiction Case No. 7866 of 2024)
       For the Petitioner/s      :       Mr.Ajit Kumar
       For the Respondent/s      :       Mr.Prashant Sinha
       (In Civil Writ Jurisdiction Case No. 7892 of 2024)
       For the Petitioner/s      :       Mr.Ajeet Kumar
       For the Respondent/s      :       Mr.Prashant Sinha
       (In Civil Writ Jurisdiction Case No. 7894 of 2024)
       For the Petitioner/s      :       Mr.Ajeet Kumar
       For the Respondent/s      :       Mr.Prashant Sinha
       (In Civil Writ Jurisdiction Case No. 8338 of 2024)
       For the Petitioner/s      :       Mr.Ajeet Kumar
       For the Respondent/s      :       Mr.Prashant Sinha
       (In Civil Writ Jurisdiction Case No. 8614 of 2024)
       For the Petitioner/s      :       Mr.Ajit Kumar
       For the Respondent/s      :       Mr.Prashant Sinha
       (In Civil Writ Jurisdiction Case No. 8986 of 2024)
       For the Petitioner/s      :       Mr.Ajeet Kumar
       For the Respondent/s      :       Mr.Prashant Sinha
       (In Civil Writ Jurisdiction Case No. 8999 of 2024)
       For the Petitioner/s      :       Mr.Ajeet Kumar
       For the Respondent/s      :       Mr.Prashant Sinha
       (In Civil Writ Jurisdiction Case No. 9881 of 2024)
       For the Petitioner/s      :       Mr.Ajeet Kumar
       For the Respondent/s      :       Mr.Prashant Sinha
       (In Civil Writ Jurisdiction Case No. 13180 of 2024)
       For the Petitioner/s      :       Mr.Ajit Kumar
       For the Respondent/s      :       Mr.Prashant Sinha
       (In Civil Writ Jurisdiction Case No. 19265 of 2024)
       For the Petitioner/s      :       Mr.Ajit Kumar
       For the Respondent/s      :       Mr.Prashant Sinha
       (In Civil Writ Jurisdiction Case No. 19289 of 2024)
       For the Petitioner/s      :       Mr.Ajit Kumar
       For the Respondent/s      :       Mr.Prashant Sinha
       (In Civil Writ Jurisdiction Case No. 19377 of 2024)
       For the Petitioner/s      :       Mr.Ajit Kumar
       For the Respondent/s      :       Mr.Prashant Sinha
       ======================================================
       CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
       ORAL JUDGMENT
         Date : 13-05-2025
                 As the issue involved in the present writ petitions are

       one and the same, all the cases are disposed of by a common

       judgment.

                    2. For the purpose of convenience, the facts in the

       CWJC No. 848 of 2024 are reiterated.
 Patna High Court CWJC No.848 of 2024 dt.13-05-2025
                                          33/55




                    3. Heard the learned counsel for the parties.

                    4. The writ petition No. 848 of 2024 has been filed for

       the following relief(s):-

                                             "a. For issuance of an appropriate Writ/
                                Writs, direction/directions in the nature of
                                Certiorarified      Mandamus      calling      upon the
                                Respondents to produce the entire records pertaining
                                to the quantification done for levying interest and
                                damages under Section 14B and 7Q of the Employees
                                Provident Funds & Miscellaneous Provisions Act,
                                1952, and upon being satisfied be pleased to set aside
                                the demand raised for failure to pay the contributions
                                for the period 01/09/2019 to 31/03/2021 within the
                                stipulated        time      vide          letter    No.-
                                BR/RO/MUZ/ENF/14B/BRMUZ1993823000/ORDER/
                                1201               and             letter           No.-
                                BR/RO/MUZ/ENF/70/BRMUZ1993823000/
                                ORDER/1201 dated 21.11.2022 respectively issued
                                under the Signature of the Regional Provident Fund
                                Commissioner-II,       Employees       Provident   Fund
                                Organization, Ministry of Labour, Government of
                                India, Regional Office, Surya Complex, Lakshmi
                                Chawk, Muzaffarpur to the tune of Rs 42,53,984 as
                                against damages and Rs. 23,49,970 towards interest
                                under aforementioned provisions respectively, on the
                                ground of violation of Principles of Natural Justice
                                and further that the decision of the State Government
                                to cover Home guards under the provisions of the EPF
                                with effect from Sept. 2019 came in February 2020
                                and official outbreak of Covid-19 from the month of
                                March 2020 resulting in prolonged lockdown having
                                delayed the process of opening the Universal Account
                                Number(UAN) of each Home guards for paying the
                                Contributions and as also the Administrative Work-
                                force in all the connected establishments were reduced
                                to half strength during the intervening period and its
                                surge, would borne out from office Memorandum of
                                EPFO as contained in letter dated 15.05.2020.
                                           b. For issuance of appropriate direction
                                upon the respondents concerned to fix the liability
                                upon erring officials for violating the directives issued
                                by the Employees Provident Fund Organization,
 Patna High Court CWJC No.848 of 2024 dt.13-05-2025
                                          34/55




                                Ministry of Labour, Government of India, Head office,
                                Bhavishyanidhi Bhawan, 14, Bikkaji Cama Place, New
                                Delhi vide letter No.-C-I/Misc./2020-21/Vol.I./
                                             c. For further setting aside the order
                                issued vide Letter No.-876 dated 25.10.2023 under
                                section 8F of the Employees Provident Funds &
                                Miscellaneous Provisions Act, 1952 whereby the total
                                quantified amount as against damages and interest
                                calculated under 14B & 7Q of the Employees
                                Provident Funds & Miscellaneous Provisions Act,
                                1952, out of which, part amount as been recovered
                                including putting the bank account on hold and
                                remitted to the organization from the respective Bank
                                account of the establishment and in consequence
                                thereto, be further pleased to direct refund of the same
                                and remove the hold besides restraining the
                                respondent EPFO from recovering the quantified
                                amount from the respective Bank of the establishment
                                during pendency of the case, so that, future
                                contributions could be deposited without further delay
                                salary be paid.
                                             d. For any other relief/reliefs for which the
                                Hon'ble court may grant in the interest of the justice
                                that may be deemed appropriate and necessary in this
                                case including restraining the respondents from taking
                                final decision in the matter during the pendency of the
                                instant writ application."
                    5. The present writ petition has been filed by the Office

       Of The District Commandant, Bihar Home Guards against the

       order of the respondent organization passed under Section 7Q and

       14B of the Employees Provident Funds & Miscellaneous

       Provisions Act, 1952 (EPF & MP Act, 1952).

                    6. Learned counsel for the petitioner has stated that

       pursuant to the policy decision taken by the State Government to

       include the home guard under the EPF Scheme, the State of Bihar

       has issued necessary orders in the Month of February, 2020. The
 Patna High Court CWJC No.848 of 2024 dt.13-05-2025
                                          35/55




       decision to include the home guards under the EPF scheme was

       with effect from September, 2019. Learned counsel has stated that

       due to the Covid-19 Pandemic situation, which started from the

       month of March 2020 and the restrictions imposed throughout the

       country, the authorities were not in a position to take necessary

       steps for processing the applications of the employees and pay the

       contribution. That there was a delay in processing the Universal

       Account Number (UAN) of the employees as the physical

       movement was restricted and further, the working strength of the

       staff was at 50%. Learned counsel has stated that subsequently

       after the details of the home guards were gathered, the necessary

       accounts of individual home guards were opened and the amounts

       deposited into the EPF. It is stated by the counsel that the

       petitioner is a government unit and not a business entity where

       commercial interests are involved, therefore, the imposition of

       interest on the delayed payments and damages is bad in law.

       Further, it is stated that there is no mens rea attributable to the

       petitioner as the delay was on account of the Covid-19 Pandmic

       situation and beyond the control of the petitioner. However, the

       authorities have passed the order under Section 7Q and 14B

       without taking into account the peculiar facts of the case and the

       letter dated 15.05.2020 issued by the head office of the Provident
 Patna High Court CWJC No.848 of 2024 dt.13-05-2025
                                          36/55




       Fund. Learned counsel has stated that the authorities have levied

       interest and also damages for no fault of the petitioner. That the

       petitioner cannot be blamed for the delay in proceeding the

       application due to the Covid-19 Pandemic situation prevailing in

       the country. Further, it is stated by the learned counsel that no

       interest or damages can be calculated for the period of September,

       2019 till February, 2020 and also for the period from March 2020

       till the end of the Covid-19 Pandemic situation as the petitioner

       was not in a position to generate the UAN of each individual home

       guard. The counsel has stated that the orders to include the home

       guards under EPF Scheme came only in the Month of February,

       2020 with effect from September, 2019 and immediately

       thereafter, the Covid-19 Pandemic situation had arisen. Learned

       counsel has stated that the head office of the EPFO duly taking

       into account the Covid-19 pandemic situation had issued necessary

       instructions dated 15.05.2020. However, the same was not taken

       into consideration while calculating the interest or the damages,

       learned counsel has therefore, prayed this Hon'ble Court to allow

       the present writ petition by setting aside the impugned order dated

       21.11.2022

. Learned counsel has relied on the following

judgments in support of his case.

i. In the case of Kranit Associates Pvt. Ltd. and
Ors. Vs. Masood Ahmed Khan and Ors.
reported in 2010
(95) AIC 139.

Patna High Court CWJC No.848 of 2024 dt.13-05-2025
37/55

ii. In the case of Assistant Provident Fund
Commissioner, EPFO and Anr. Vs. Management of RSL
Textiles India Private Limited
through its Director reported
in (2017) 3 SCC 110.

iii. In the case of Mcleod Russel India Limited
Vs. Regional Provident Fund Commissioner, Jalpaiguri and
Ors.
reported in (2014) 15 SCC 263.

7. Per contra, the learned counsel appearing on behalf of

the respondent-EPFO has vehemently opposed the very

maintainability of the present writ petition and stated that the

provisions of the EPFO are beneficial in nature. That the impugned

order is passed duly taking into account the provisions of Section

7Q and 14B of the Act. That insofar as the provisions of Section

7Q are concerned, the authorities does not have any option while

calculating the interest for the delayed payment, that the provisions

of the 7Q are mandatory in nature. Irrespective of the fact whether

there were any laches on part of the petitioner or not, the

authorities are bound to invoke the provisions of Section 7Q and

impose the interest on the delayed payment. That the order passed

by the authority is in consonance with the provisions of the Act

and does not suffer from any illegality, perversity which warrants

any interference by this Court. Further, learned counsel has stated

that the petitioner having collected/ deducted the amounts from the

home guards/ employees is bound to deposit the same before the

authorities within the time. However, in this case the same was not

done. Further, learned counsel has stated that the letter dated
Patna High Court CWJC No.848 of 2024 dt.13-05-2025
38/55

15.05.2020 issued by one of the officers of the respondent-

Organization cannot override the provisions of the Act and,

therefore, prayed this Hon’ble Court to dismiss the present writ

petition. Learned counsel for the respondent-EPFO has relied on

the following judgments.

i. In the case of Organo Chemical
Industries Vs. Union of India and Ors.
reported in
1979 AIR SC 1803.

ii. In the case of Horticulture Experiment
Station Vs. RPFC reported in (2022) 4 SCC 516.

8. In order to appreciate and resolve the issue involved

in the batch of writ petitions, it is necessary to extract the relevant

provisions of the EPF & MP Act, 1952 more particularly Section

2E, 7A, 7Q, 14B which reads as under;

“Section 2E [“employer” means–

(i) in relation to an establishment which is
a factory, the owner or occupier of the factory,
including the agent of such owner or occupier, the
legal representative of a deceased owner or occupier
and, where a person has been named as a manager
of the factory under clause (f) of sub-section (1) of
section 7 of the Factories Act, 1948 (63 of 1948), the
person so named; and

(ii) in relation to any other establishment,
the person who, or the authority which, has the
ultimate control over the affairs of the establishment,
and where the said affairs are entrusted to a
manager, managing director or managing agent,
such manager, managing director or managing
agent;]
Patna High Court CWJC No.848 of 2024 dt.13-05-2025
39/55

[7A. Determination of moneys due from
employers.– [(1) The Central Provident Fund
Commissioner, any Additional Central Provident
Fund Commissioner, any Deputy Provident Fund
Commissioner, any Regional Provident Fund
Commissioner, or any Assistant Provident Fund
Commissioner may, by order,–

(a) in a case where a dispute arises
regarding the applicability of this Act to an
establishment, decide such dispute; and

(b) determine the amount due from any
employer under any provision of this Act, the Scheme
or the [Pension] Scheme or the Insurance Scheme, as
the case may be, and for any of the aforesaid
purposes may conduct such inquiry as he may deem
necessary];

(2) The officer conducting the inquiry
under sub-section (1) shall, for the purposes of such
inquiry, have the same powers as are vested in a
court under the Code of Civil Procedure, 1908 (5 of
1908), for trying a suit in respect of the following
matters, namely:–

(a) enforcing the attendance of any person
or examining him on oath;

(b) requiring the discovery and production
of documents;

(c) receiving evidence on affidavit;

(d) issuing commissions for the
examination of witnesses; and any such inquiry shall
be deemed to be a judicial proceeding within the
meaning of sections 193 and 228, and for the
purpose of section 196, of the Indian Penal Code (45
of 1860).

(3) No order shall be made under sub-

section (1), unless 5 [the employer concerned] is
given a reasonable opportunity of representing his
case.

[(3A) Where the employer, employee or
any other person required to attend the inquiry under
Patna High Court CWJC No.848 of 2024 dt.13-05-2025
40/55

sub-section (1) fails to attend such inquiry without
assigning any valid reason or fails to produce any
document or to file any report or return when called
upon to do so, the officer conducting the inquiry may
decide the applicability of the Act or determine the
amount due from any employer, as the case may be,
on the basis of the evidence adduced during such
inquiry and other documents available on record.]
[(4) Where an order under sub-section (1)
is passed against an employer ex parte, he may,
within three months from the date of communication
of such order, apply to the officer for setting aside
such order and if he satisfies the officer that the show
cause notice was not duly served or that he was
prevented by any sufficient cause from appearing
when the inquiry was held, the officer shall make an
order setting aside his earlier order and shall
appoint a date for proceeding with the inquiry:

Provided that no such order shall be set
aside merely on the ground that there has been an
irregularity in the service of the show cause notice if
the officer is satisfied that the employer had notice of
the date of hearing and had sufficient time to appear
before the officer.

Explanation.–Where an appeal has been
preferred under this Act against an order passed ex
parte and such appeal has been disposed of
otherwise than on the ground that the appellant has
withdrawn the appeal, no application shall lie under
this sub-section for setting aside the ex parte order.

(5) No order passed under this section
shall be set aside on any application under sub-

section (4) unless notice thereof has been served on
the opposite party.]
7Q. Interest payable by the employer.–The
employer shall be liable to pay simple interest at the
rate of twelve per cent. per annum or at such higher
rate as may be specified in the Scheme on any
amount due from him under this Act from the date on
Patna High Court CWJC No.848 of 2024 dt.13-05-2025
41/55

which the amount has become so due till the date of
its actual payment:

Provided that higher rate of interest
specified in the Scheme shall not exceed the lending
rate of interest charged by any scheduled bank.]
14B. Power to recover damages.–Where
an employer makes default in the payment of any
contribution to the Fund [, the [Pension] Fund or the
Insurance Fund] or in the transfer of accumulations
required to be transferred by him under sub-section
(2) of section 15 [or sub-section (5) of section 17] or
in the payment of any charges payable under any
other provision of this Act or of [any Scheme or
Insurance Scheme] or under any of the conditions
specified under section 17, [the Central Provident
Fund Commissioner or such other officer as may be
authorised by the Central Government, by
notification in the Official Gazette, in this behalf]
may recover [from the employer by way of penalty
such damages, not exceedingthe amount of arrears,
as may be specified in the Scheme:]
[Provided that before levying and
recovering such damages, the employer shall be
given a reasonable opportunity of being heard]:

[Provided further that the Central Board
may reduce or waive the damages levied under this
section in relation to an establishment which is a sick
industrial company and in respect of which a scheme
for rehabilitation has been sanctioned by the Board
for Industrial and Financial Reconstruction
established under section 4 of the Sick Industrial
Companies (Special Provisions) Act, 1985,subject to
such terms and conditions as may be specified in the
Scheme.]

9. A perusal of the above provision makes it abundantly

clear that insofar as levy of interest under Section 7Q is concerned,
Patna High Court CWJC No.848 of 2024 dt.13-05-2025
42/55

the authority does not have any discretion, as the provisions are

mandatory in nature. Once it is found that the organization is

covered under the provisions of the Act, the organization is bound

to deposit the provident contribution every month within the

stipulated period. If there is any delay in depositing the said

contribution the provisions of Section 7Q will automatically come

into effect and the organization is bound to pay the interest for the

delayed payment. In view of the same, the order passed under

Section 7Q of the EPF Act dated 21.11.2022 is in consonance with

the provisions of the Act and this Court is not inclined to interfere

with the said order and the same is confirmed. The writ petition

insofar as it relates to challenging the order passed under Section

7Q is dismissed.

10. The Hon’ble Supreme Court in the case of Arcot

Textiles Mills Limited Vs. Regional Provident Fund

Commissioner and Others reported in (2013) 16 SCC 1 has held

as under;

“27. Presently we shall address to the nature of
the lis that can arise under this provision. There cannot be
any dispute that the Act in question is a beneficial social
legislation to ensure health and other benefits of the
employees and the employer under the Act is under statutory
obligation to make the deposit that is due from him. In the
event of default committed by the employer Section 14-B steps
in and calls upon the employer to pay the damages. (See Regl.
Provident Fund Commr. v. S.D. College) Section 7-Q which
provides for interest for belated payment is basically a
compensation for payment of interest to the affected
Patna High Court CWJC No.848 of 2024 dt.13-05-2025
43/55

employees. This provision has been made to secure just and
humane conditions of work as has been opined in Regl.
Provident Fund Commr. v. Hooghly Mills Co. Ltd. 16 The
language employed in Section 7-Q provides for levy of interest
on delayed payment and the rates have been stipulated.”

11. The Hon’ble Supreme Court in the case of

Horticulture Experiment Station Vs. RPFC reported in (2022) 4

SCC 516 has held as under;

“8. The learned counsel for the appellant(s)
submits that the justification tendered by the appellant(s) for
which the contribution of EPF could not have been deposited
has not been looked into by the authority and the element of
mens rea or actus reus is one of the essential elements which
has not been taken note of by the authority while imposing
damages under Section 14-B of the 1952 Act. In support of his
submissions, the counsel for the appellant(s) has placed
reliance on the judgments of this Court in ESI Corpn. v. HMT
Ltd. [ESI Corpn.
v. HMT Ltd., (2008) 3 SCC 35 : (2008) 1
SCC (L&S) 558] , McLeod Russel (India) Ltd. v. Regl.

Provident Fund Commr. [McLeod Russel (India) Ltd. v. Regl.
Provident Fund Commr., (2014) 15 SCC 263 : (2015) 3 SCC
(L&S) 593] and Provident Fund Commr. v. RSL Textiles
(India) (P) Ltd. [Provident Fund Commr. v. RSL Textiles
(India) (P) Ltd., (2017) 3 SCC 110 : (2017) 1 SCC (L&S) 543]

9. Per contra, the learned counsel for the
respondent(s) in support of submissions, submitted that mens
rea is not an essential element for imposing penalty for breach
of civil obligations or liabilities and mere contravention of the
provisions of the Act or default in making compliance of the
mandate of law as regards the civil liabilities are concerned,
mens rea or actus reus is not the requirement of law to be
considered, while imposing damages like, in the instant case,
under Section 14-B of the 1952 Act. In support of submissions,
the learned counsel has placed reliance on a two-Judge Bench
judgment in SEBI v. Shriram Mutual Fund [SEBI v. Shriram
Mutual Fund, (2006) 5 SCC 361] which has been relied upon
by a three-Judge Bench judgment of this Court in Union of
India v. Dharamendra Textile Processors [Union of India
v.

Dharamendra Textile Processors, (2008) 13 SCC 369] .
Patna High Court CWJC No.848 of 2024 dt.13-05-2025
44/55

10. The question that emerges for our
consideration in the instant appeals is that what will be the
effect and implementation of Section 14-B of the 1952 Act and
as to whether the breach of civil obligations or liabilities
committed by the employer is a sine qua non for imposition of
penalty/damages or the element of mens rea or actus reus is
one of the essential elements has a role to play and the
authority is under an obligation to examine the justification, if
any, being tendered while passing the order imposing
damages under the provisions of the 1952 Act.

11. Undisputedly, the establishment of the
appellant(s) was covered under the provisions of the 1952 Act,
but still failed to comply with the same and for such non-
compliance of the mandate of the 1952 Act, initially the
proceedings were initiated under Section 7-A and after
adjudication was made in reference to contribution of the EPF
which the appellant was under an obligation to pay and for
the contravention of the provisions of the 1952 Act, the
appellant(s) indeed committed a breach of civil
obligations/liabilities and after compliance of the procedure
prescribed under the 1952 Act and for the delayed payment of
EPF contribution for the period January 1975 to October
1988, after affording due opportunity of hearing as
contemplated, order was passed by the competent authority
directing the appellant(s) to pay damages as assessed in
accordance with Section 14-B of the 1952 Act.

12. A two-Judge Bench of this Court in Shriram
Mutual Fund
case [SEBI v. Shriram Mutual Fund, (2006) 5
SCC 361] , while examining the scope and ambit of Section
15-D of the SEBI (Mutual Funds) Regulations, 1996
regarding imposition of penalty for certain defaults in case of
mutual funds, examined the question as to whether mens rea is
an essential element for imposing penalty for breach of civil
obligations and taking note of the binding precedent of this
Court held that mens rea is not an essential element for
imposing penalty for breach of civil obligations or liabilities

13. Relevant paras 33 and 35 of the judgment are
reproduced as under : (Shriram Mutual Fund case [SEBI v.
Shriram Mutual Fund
, (2006) 5 SCC 361] , SCC pp. 372-76)
“33. This Court in a catena of decisions has held
that mens rea is not an essential element for imposing
penalty for breach of civil obligations:

(a) Director of Enforcement v. M.C.T.M. Corpn. (P)
Ltd. [Director of Enforcement
v. M.C.T.M. Corpn. (P)
Patna High Court CWJC No.848 of 2024 dt.13-05-2025
45/55

Ltd., (1996) 2 SCC 471 : 1996 SCC (Cri) 344] : (SCC
pp. 478 & 480-81, paras 8 & 12-13)
‘8. It is thus the breach of a “civil
obligation” which attracts “penalty” under
Section 23(1)(a) of the FERA, 1947 and a
finding that the delinquent has contravened the
provisions of Section 10 of the FERA, 1947
that would immediately attract the levy of
“penalty” under Section 23, irrespective of the
fact whether the contravention was made by
the defaulter with any “guilty intention” or
not. Therefore, unlike in a criminal case, where
it is essential for the “prosecution” to establish
that the “accused” had the necessary guilty
intention or in other words the requisite “mens
rea” to commit the alleged offence with which
he is charged before recording his conviction,
the obligation on the part of the Directorate of
Enforcement, in cases of contravention of the
provisions of Section 10 of the FERA, would be
discharged where it is shown that the
“blameworthy conduct” of the delinquent had
been established by wilful contravention by
him of the provisions of Section 10 of the
FERA, 1947. It is the delinquency of the
defaulter itself which establishes his
“blameworthy” conduct, attracting the
provisions of Section 23(1)(a) of the FERA,
1947 without any further proof of the existence
of “mens rea”. Even after an adjudication by
the authorities and levy of penalty under
Section 23(1)(a) of the FERA, 1947, the
defaulter can still be tried and punished for the
commission of an offence under the penal law,

***

12. In Corpus Juris Secundum, Vol. 85, at
p. 580, para 1023, it is stated thus:

“A penalty imposed for a tax delinquency is
a civil obligation, remedial and coercive in its
nature, and is far different from the penalty for
a crime or a fine or forfeiture provided as
punishment for the violation of criminal or
penal laws.”

Patna High Court CWJC No.848 of 2024 dt.13-05-2025
46/55

13. We are in agreement with the aforesaid
view and in our opinion, what applies to “tax
delinquency” equally holds good for the
“blameworthy” conduct for contravention of
the provisions of the FERA, 1947. We,
therefore, hold that mens rea (as is understood
in criminal law) is not an essential ingredient
for holding a delinquent liable to pay penalty
under Section 23(1)(a) of the FERA, 1947 for
contravention of the provisions of Section 10 of
the FERA, 1947 and that penalty is attracted
under Section 23(1)(a) as soon as
contravention of the statutory obligation
contemplated by Section 10(1)(a) is
established. The High Court apparently fell in
error in treating the “blameworthy conduct”

under the Act as equivalent to the commission
of a “criminal offence”, overlooking the
position that the “blameworthy conduct” in the
adjudicatory proceedings is established by
proof only of the breach of a civil obligation
under the Act, for which the defaulter is
obliged to make amends by payment of the
penalty imposed under Section 23(1)(a) of the
Act irrespective of the fact whether he
committed the breach with or without any
guilty intention.’

(b) J.K. Industries Ltd. v. Chief Inspector of Factories
and Boilers [J.K. Industries Ltd. v. Chief Inspector of
Factories and Boilers
, (1996) 6 SCC 665 : 1997 SCC
(L&S) 1] : (SCC p. 692, para 42)
’42. The offences under the Act are not a
part of general penal law but arise from the
breach of a duty provided in a special
beneficial social defence legislation, which
creates absolute or strict liability without proof
of any mens rea. The offences are strict
statutory offences for which establishment of
mens rea is not an essential ingredient. The
omission or commission of the statutory breach
is itself the offence. Similar type of offences
based on the principle of strict liability, which
means liability without fault or mens rea, exist
in many statutes relating to economic crimes as
well as in laws concerning the industry, food
Patna High Court CWJC No.848 of 2024 dt.13-05-2025
47/55

adulteration, prevention of pollution, etc. in
India and abroad. “Absolute offences” are not
criminal offences in any real sense but acts
which are prohibited in the interest of welfare
of the public and the prohibition is backed by
sanction of penalty.’

(c) STO v. Ajit Mills Ltd. [STO v. Ajit Mills Ltd., (1977)
4 SCC 98 : 1977 SCC (Tax) 536] : (SCC p. 110, para

19)
’19. … Even here we may reject the notion that a
penalty or a punishment cannot be cast in the form of
an absolute or no-fault liability but must be preceded
by mens rea. The classical view that “no mens rea, no
crime” has long ago been eroded and several laws in
India and abroad, especially regarding economic
crimes and departmental penalties, have created
severe punishments even where the offences have been
defined to exclude mens rea. Therefore, the contention
that Section 37(1) fastens a heavy liability regardless
of fault has no force in depriving the forfeiture of the
character of penalty.’

(d) Gujarat Travancore Agency v. CIT [Gujarat
Travancore Agency v CIT, (1989) 3 SCC 52 : 1989
SCC (Cri) 509 : 1989 SCC (Tax) 389] : (SCC p. 55,
para 4)
‘4. … It is sufficient for us to refer to Section
271(1)(a), which provides that a penalty may be
imposed if the Income Tax Officer is satisfied that any
person has without reasonable cause failed to furnish
the return of total income, and to Section 276-C which
provides that if a person wilfully fails to furnish in due
time the return of income required under Section
139(1), he shall be punishable with rigorous
imprisonment for a term which may extend to one year
or with fine. It is clear that in the former case what is
intended is a civil obligation while in the latter what is
imposed is a criminal sentence. There can be no
dispute that having regard to the provisions of Section
276-C, which speaks of wilful failure on the part of the
defaulter and taking into consideration the nature of
the penalty, which is punitive, no sentence can be
imposed under that provision unless the element of
mens rea is established. In most cases of criminal
liability, the intention of the legislature is that the
Patna High Court CWJC No.848 of 2024 dt.13-05-2025
48/55

penalty should serve as a deterrent. The creation of an
offence by statute proceeds on the assumption that
society suffers injury by the act or omission of the
defaulter and that a deterrent must be imposed to
discourage the repetition of the offence. In the case of
a proceeding under Section 271(1)(a), however, it
seems that the intention of the legislature is to
emphasise the fact of loss of revenue and to provide a
remedy for such loss, although no doubt an element of
coercion is present in the penalty. In this connection
the terms in which the penalty falls to be measured is
significant. Unless there is something in the language
of the statute indicating the need to establish the
element of mens rea it is generally sufficient to prove
that a default in complying with the statute has
occurred. In our opinion, there is nothing in Section
271(1)(a) which requires that mens rea must be proved
before penalty can be levied under that provision.’

(e) Swedish Match AB v. SEBI [Swedish Match AB v.

SEBI, (2004) 11 SCC 641] : (SCC p. 671, para 113)
‘113. … The provisions of Section 15-H of the Act
mandate that a penalty of Rupees twenty-five crores
may be imposed. The Board does not have any
discretion in the matter and, thus, the adjudication
proceeding is a mere formality. Imposition of penalty
upon the appellant would, thus, be a forgone
conclusion. Only in the criminal proceedings initiated
against the appellants, existence of mens rea on the
part of the appellants will come up for consideration.’

(f) SEBI v. Cabot International Capital Corpn. [SEBI
v. Cabot International Capital Corpn., 2004 SCC
OnLine Bom 180 : (2005) 123 Comp Cas 841] : (SCC
OnLine Bom paras 38, 43 & 45)
’38. Thus, the following extracted principles are
summarised:

(A) Mens rea is an essential or sine qua
non for criminal offence.

(B) A straitjacket formula of mens rea
cannot be blindly followed in each and every
case. The scheme of a particular statute may
be diluted in a given case.

(C) If, from the scheme, object and words
used in the statute, it appears that the
proceedings for imposition of the penalty are
Patna High Court CWJC No.848 of 2024 dt.13-05-2025
49/55

adjudicatory in nature, in contradistinction to
criminal or quasi-criminal proceedings, the
determination is of the breach of the civil
obligation by the offender. The word “penalty”

by itself will not be determinative to conclude
the nature of proceedings being criminal or
quasi-criminal. The relevant considerations
being the nature of the functions being
discharged by the authority and the
determination of the liability of the contravener
and the delinquency.

(D) Mens rea is not essential element for
imposing penalty for breach of civil obligations
or liabilities.

(E) There can be two distinct liabilities,
civil and criminal, under the same Act.

***

43. The SEBI Act and the Regulations, are
intended to regulate the securities market and the
related aspects, the imposition of penalty, in the given
facts and circumstances of the case, cannot be tested
on the ground of “no mens rea, no penalty”. For
breaches of provisions of the SEBI Act and
Regulations, according to us, which are civil in nature,
mens rea is not essential. On particular facts and
circumstances of the case, proper exercise of judicial
discretion is a must, but not on foundation that mens
rea is essential to impose penalty in each and every
breach of provisions of the SEBI Act.

***

45. However, we are not in agreement with the
appellate authority in respect of the reasoning given in
regard to the necessity of mens rea being essential for
imposing the penalty. According to us, mens rea is not
essential for imposing civil penalties under the SEBI
Act
and Regulations.’
***

35. In our considered opinion, penalty is attracted
as soon as the contravention of the statutory
obligation as contemplated by the Act and the
Regulations is established and hence the intention of
the parties committing such violation becomes wholly
irrelevant. A breach of civil obligation which attracts
penalty in the nature of fine under the provisions of the
Patna High Court CWJC No.848 of 2024 dt.13-05-2025
50/55

Act and the Regulations would immediately attract the
levy of penalty irrespective of the fact whether
contravention must be made by the defaulter with
guilty intention or not. We also further held that unless
the language of the statute indicates the need to
establish the presence of mens rea, it is wholly
unnecessary to ascertain whether such a violation was
intentional or not. On a careful perusal of Section 15-
D(b) and Section 15-E of the Act, there is nothing
which requires that mens rea must be proved before
penalty can be imposed under these provisions. Hence
once the contravention is established then the penalty
is to follow.”

14. The three-Judge Bench of this Court in
Union of India v. Dharamendra Textile Processors
[Union of India
v. Dharamendra Textile Processors,
(2008) 13 SCC 369] while examining the scope and
ambit of Section 271(1)(c) of the Income Tax Act, 1961
held that as far as the penalty inflicted under the
provisions is a civil liability is concerned, mens rea or
actus reus is not an essential element for imposing
civil penalties and overruled the two-Judge Bench
judgment in Dilip N. Shroff v. CIT [Dilip N. Shroff v.
CIT, (2007) 6 SCC 329] and approved the view
expressed by a two-Judge Bench of this Court in
Shriram Mutual Fund case [SEBI v. Shriram Mutual
Fund
, (2006) 5 SCC 361] and held in paras 18 and 20
as under : (Dharamendra Textile Processors case
[Union of India v. Dharamendra Textile Processors,
(2008) 13 SCC 369] , SCC p. 394)
“18. The Explanations appended to Section 271(1)

(c) of the IT Act entirely indicates the element of strict
liability on the assessee for concealment or for giving
inaccurate particulars while filing return. The
judgment in Dilip N. Shroff case [Dilip N. Shroff v.
CIT
, (2007) 6 SCC 329] has not considered the effect
and relevance of Section 276-C of the IT Act. Object
behind enactment of Section 271(1)(c) read with
Explanations indicate that the said section has been
enacted to provide for a remedy for loss of revenue.
The penalty under that provision is a civil liability.
Wilful concealment is not an essential ingredient for
attracting civil liability as is the case in the matter of
prosecution under Section 276-C of the IT Act.

***
Patna High Court CWJC No.848 of 2024 dt.13-05-2025
51/55

20. Above being the position, the plea that Rules
96-ZQ and 96-ZO have a concept of discretion inbuilt
cannot be sustained. Dilip N. Shroff case [Dilip N.
Shroff v. CIT
, (2007) 6 SCC 329] was not correctly
decided but SEBI case [SEBI v. Shriram Mutual Fund,
(2006) 5 SCC 361] has analysed the legal position in
the correct perspectives. The reference is answered.
The matter shall now be placed before the Division
Bench to deal with the matter in the light of what has
been stated above, only so far as the cases where
challenge to vires of Rule 967-Q(5) are concerned. In
all other cases the orders of the High Court or the
Tribunal, as the case may be, are quashed and the
matter remitted to it for disposal in the light of present
judgments. Appeals except Civil Appeals Nos. 3397 &
3398-99 of 2003, 4096 of 2004, 3388 & 5277 of 2006,
4316, 4317, 675 and 1420 of 2007 and appeal relating
to SLP (C) No. 21751 of 2007 are allowed and the
excepted appeals shall now be placed before the
Division Bench for disposal.”

15. Taking note of the exposition of law on the
subject, it is well-settled that mens rea or actus reus is
not an essential element for imposing penalty or
damages for breach of civil obligations and
liabilities.”

16. The judgment on which the learned counsel
for the appellant(s) has placed reliance i.e. ESI Corpn. [ESI
Corpn. v. HMT Ltd., (2008) 3 SCC 35 : (2008) 1 SCC (L&S)
558] , the Division Bench in ignorance of the settled judicial
binding precedent of which a detailed reference has been
made, while examining the scope and ambit of Section 85-B of
the Employees State Insurance Corporation Act, 1948 which
is in pari materia with Section 14-B of the 1952 Act placing
reliance on the judgment of Division Bench of this Court in
Dilip N. Shroff [Dilip N. Shroff v. CIT, (2007) 6 SCC 329]
held that for the breach of civil obligations/liabilities,
existence of mens rea or actus reus to be a necessary
ingredient for levy of damages and/or the quantum thereof.

19. Taking note of the three-Judge Bench
judgment of this Court in Union of India v.
Dharamendra Textile Processors [Union of India
v.
Dharamendra Textile Processors, (2008) 13 SCC
369] , which is indeed binding on us, we are of the
Patna High Court CWJC No.848 of 2024 dt.13-05-2025
52/55

considered view that any default or delay in the
payment of EPF contribution by the employer under
the Act is a sine qua non for imposition of levy of
damages under Section 14-B of the 1952 Act and
mens rea or actus reus is not an essential element for
imposing penalty/damages for breach of civil
obligations/liabilities.

12. Though the counsel for the petitioner has relied on

the judgments of the Hon’ble Supreme Court of in the cases of

Kranit Associates Pvt. Ltd. and Ors. Vs. Masood Ahmed Khan

and Ors. reported in 2010 (95) AIC 139, in the case of Assistant

Provident Fund Commissioner, EPFO and Anr. Vs.

Management of RSL Textiles India Private Limited through its

Director reported in (2017) 3 SCC 110 and in the case of Mcleod

Russel India Limited Vs. Regional Provident Fund

Commissioner, Jalpaiguri and Ors. reported in (2014) 15 SCC

263., it is to be noted that the Hon’ble Supreme Court in

Horticulture case (cited supra) has dealt with the judgments relied

by the petitioner and held that mens rea is not a creteria to be taken

into consideration while calculating the damages. However, it is

pertinent to note that Central Provident Commissioner vide letter

dated 15.05.2020 duly taking into consideration the Covid-19

Pandemic situation has directed all the commissioners to take into

effect the Covid-19 Pandemic situation and pass necessary orders
Patna High Court CWJC No.848 of 2024 dt.13-05-2025
53/55

under Section 14B. The contents of the letter are extracted herein

below;

13. Having regard to the same, the impugned order dated

21.11.2022 under Section 14B is set aside, the matter is remanded

back to authority concerned for passing orders afresh duly taking

into account the above mentioned letter and pass a reasoned order.

It is needless to mention that before passing any orders, the

petitioner shall be given an opportunity of hearing. The entire

exercise shall be completed as expeditiously as possible preferably
Patna High Court CWJC No.848 of 2024 dt.13-05-2025
54/55

within a period of twelve weeks from the date of receipt of a copy

of this order. Any order passed shall be communicated to the

petitioners.

14. The dates of impugned order in all the batch cases/

CWJC Nos. are quoted herein below with their respective CWJC

Nos; and they are also accordingly set aside.

      CWJC No.                   Letter Dated
      CWJC-1557/2024            23.06.2022
      CWJC-957/2024             01.12.2022
      CWJC-1209/2024            05.01.2023
      CWJC-962/2024             21.10.2022
      CWJC-1518/2024            22.12.2022
      CWJC-1178/2024            18.05.2022
      CWJC-19289/2024           01.11.2023
      CWJC-19377/2024           03.06.2024
      CWJC-19265/2024           01.11.2023
      CWJC-13180/2024           15.12.2023
      CWJC-9881/2024            29.06.2022
      CWJC-8986/2024            14.01.2022
      CWJC-8999/2024            10.04.2023
      CWJC-7847/2024            15.12.2023
      CWJC-8338/2024            15.12.2023
      CWJC-7892/2024            03.06.2024
      CWJC-7866/2024            01.01.2024/20.02.2024
      CWJC-8614/2024            28.11.2023/01.01.2024
      CWJC-7800/2024            17.05.2024
      CWJC-7894/2024            18.06.2024
      CWJC-6894/2024            27.06.2024
      CWJC-7235/2024            21.10.2021
      CWJC-6499/2024            27.06.2024
      CWJC-6486/2024            13.12.2023
      CWJC-5837/2024            07.05.2024/04.06.2024
      CWJC-5286/2024            18.04.2024
      CWJC-5964/2024            29.08.2024
      CWJC-6061/2024            29.07.2023/19.08.2023
      CWJC-3414/2024            21.07.2023
      CWJC-2807/2024            04.01.2023
      CWJC-3460/2024            29.04.2022
      CWJC-2523/2024            26.09.2023
      CWJC-2563/2024            24.05.2023
      CWJC-2933/2024            05.04.2023/01.05.2023
      CWJC-1880/2024            19.10.2022
      CWJC-1763/2024            19.10.2022
      CWJC-1482/2024            29.06.2022

Patna High Court CWJC No.848 of 2024 dt.13-05-2025
55/55

CWJC-1070/2024 07.08.2024
CWJC-1524/2024 23.07.2024
CWJC-1106/2024 18.09.2023
CWJC-1536/2024 18.07.2023

15. As it is stated that the authorities in some cases have

already recovered the amount of damages levied by the

respondents, the authorities are directed to either refund the

amount to the petitioners herein or in case they take a decision to

retain the said amounts. The authorities are directed to pay interest

till the passing of the fresh orders as directed by this Court.

Interest at the rate of 6% per annum shall be calculated from the

date of receipt of this order till the date of passing of the order by

the EPFO. The amounts retained along with the accrued interest

shall be adjusted depending on the final orders likely to be passed

by the said authority within the time frame fixed by this Court

under Section 14B.

16. The writ petitions are accordingly, partly allowed to

the extent indicated.

(A. Abhishek Reddy, J)
Ayush/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          16.05.2025.
Transmission Date       NA
 



Source link

LEAVE A REPLY

Please enter your comment!
Please enter your name here