SHIVKANT PRASAD,J. - (1.) Affidavit of service filed in Court today is kept on record.
(2.) Challenge in this writ application is the impugned order dated 14th February, 2018, passed by the Recovery Officer, Employee's Provident Fund Organisaion, Regional Office, Howrah under the Ministry of Labour and Employment, Government of India, in the matter relating to outstanding certificate dues for Rs. 1,88,845/- including cost charges of Rs. 1400/- for the period of 04/1996 to 12/2013 under section 14B of the EPF and MP Act, 1952 from M/s Goutam Cinema having P.F. Code WB/25817, inter alia, on the ground stated in the petition that there has been a malafide and biased action taken against the petitioner by directing the department to issue warrant of arrest within the meaning of CP-26 against the legal heirs namely Goutam Dutta. It appears from the order impugned that on 29.01.2018 the certificate proceeding under CP-29 was issued and duly received by the Goutam Dutta and Nandita Das and pursuant thereto Sitapati Dutta and Kausik Dutta agreed to pay the dues and Kausik Dutta also submitted demand draft of his own share for Rs. 325/-by paying the full amount of his share whereas Kausik Dutta, his brother, has only paid sum of Rs. 10,000/- against the share of outstanding dues of Sitapati Dutta and Kausik Dutta and Sitapati Dutta assured that he should pay the rest amount of his share within 31st March, 2018. However, since time was already granted to Goutam Dutta and Nandita Das but as on that day they were not agreed to pay the dues without any valid reason, according to the authority being the Recovery Officer there was no ground for further proceeding under CP-25 hearing and directed the department accordingly to issue warrant of arrest within the meaning of CP-26 against the legal heirs namely Goutam Dutta.
(3.) According to the provision embodied relating to arrest and detention of the defaulter there is a specific provision in 7.6.3 that the recovery officer cannot order for warrant of arrest or detention against a woman.;