ARINDAM SINHA,J. - (1.) This writ petition along with applications have been listed under the heading 'To Be Mentioned' at the instance of respondent no.5 for being moved on urgent basis. Affidavits-in-opposition and reply are filed. It is taken up for hearing.
(2.) Petitioner is a Government of West Bengal Enterprise which seeks to move this Court impugning order dated 16th/17th February, 2015 issued by Regional Provident Fund Commissioner-II (Damages), Kolkata, West Bengal, in exercise of powers conferred under section 8F(3)(i) of Employees' Provident Fund and Miscellaneous Provisions Act, 1952.
(3.) Mr. De, learned advocate appears on behalf of Petitioner and submits, respondent no.5 was his client's contractor. Provident Fund Authority moved against said respondent. Earlier similar notice was issued against his client and his client has already deposited Rs. 24,82,341/- with the authority and at present only Rs. 4,24,888/- is due and payable by his client to said respondent. He refers to letter dated 17th July, 2014 of his client to submit, the authority has been misled by said respondent to believe that his client has a liability towards it to the tune of Rs. 63,93,121/-. Mr. De submits that said respondent had approached Employees' Provident fund Appellate Tribunal. Tribunal by its order dated 7th November, 2014 directed the authority not to take any coercive action against his client without order obtained from it. However, by reason of impugned demand thereafter and threat contained therein of coercive action, his client is before Court.;