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Patna High Court

M/s Moti Singh Jogeshwari Ayurved College and Hospital ChapraversusThe Union of India

Decided
Disposal
DISPOSED

Holding

The court set aside the ex parte orders dated 18.10.2024 under Sections 14B and 7Q of the EPF Act as illegal and arbitrary, and remanded the matter to the authority for a fresh hearing.

Summary

M/s Moti Singh Jogeshwari Ayurved College and Hospital filed a writ petition challenging ex parte orders of the Regional Provident Fund Commissioner that imposed damages of Rs.19,29,788 under Section 14B and interest of Rs.13,77,716 under Section 7Q of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952. The petitioner alleged that the orders were passed without any hearing, that the EPF code was not activated despite repeated requests, and that the authorities violated principles of natural justice and Articles 14 and 19 of the Constitution. The High Court examined whether the authority had complied with procedural fairness and had jurisdiction to levy the penalties. It held that the orders were illegal, arbitrary and violative of natural justice, and therefore set them aside. The matter was remanded to the EPF authority to give the petitioner an opportunity of hearing, and the court directed the petitioner to deposit half of the total assessed amount, taking into account the amount already paid. The petition was consequently disposed of.

Issues considered

  • Whether the ex parte orders under Sections 14B and 7Q of the EPF Act were passed in violation of the principles of natural justice.
  • Whether the EPF authority had jurisdiction to impose damages and interest without affording a hearing to the petitioner.
  • Whether the orders are arbitrary and violative of Articles 14 and 19 of the Constitution of India.
  • Whether the petitioner is entitled to have the impugned orders set aside and the matter remanded for fresh consideration.

Legislation cited

Subjects

  • Employees' Provident Fund
  • Section 14B
  • Section 7Q
  • natural justice
  • ex parte order
  • writ of certiorari
  • Article 14
  • Article 19
  • penalty
  • constitutional law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.2625 of 2026
                 ======================================================
                 M/s Moti Singh Jogeshwari Ayurved College and Hospital Chapra through its
                 Secretary namely Ramakant Singh Solanki, aged about 65 years, Son of Late
                 Jai Narayan Singh Solanki, having its office at Moti Nagar, Bara Telpa,
                 Chapra (Bihar)- 841301.

                                                                               ... ... Petitioner/s
                                                  Versus
           1.    The Union of India through Secretary, Ministry of Labor and Employment,
                 Shram Shakti Bhawan, Rafi Marg, New Delhi- 110001.
           2.    The Regional Provident Fund Commissioner, Employees Provident Fund
                 Organization, Regional Office, Muzaffarpur, BSNL Complex,
                 Companybagh, Muzaffarpur, Bihar - 842001.
           3.    The Enforcement Officer, Employees Provident Fund Organization,
                 Regional Office, Muzaffarpur, BSNL Complex, Company Bagh,
                 Muzaffarpur, Bihar- 842001.
           4.    The Recovery Officer, Employees Provident Fund Organisation, Regional
                 Office, Muzaffarpur, BSNL Complex, Companybagh, Muzaffarpur, Bihar-
                 842001.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :    Mr.Rananjay Kumar
                 For the Respondent/s   :    Mr.Additional Solicitor General
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

4   24-04-2026                  Heard the learned counsel for the parties.

                               2. The present writ petition has been filed for the

                   following relief (s) :-

                                          (I) For issuance of appropriate writ or
                               writs in the nature of certiorari quashing ex parte
                               and illegal order U/s. 14B of the Employees
                               Provident Funds and Miscellaneous Provisions
                               Act. 1952, passed vide 148 Memo No. dated
                               BR/RO/MUZ/ENF/14B/BRMUZ0020390000/orde
                               r, dated 18.10.2024, by the Regional P.F.
                               Commissioner       -II/OIC,     Regional    Office,
                               Muzaffarpur, whereby and whereunder the office
Patna High Court CWJC No.2625 of 2026(4) dt.24-04-2026
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                       of Employees Provident Fund Organization has
                       imposed the amount of damages on this petitioner
                       against provident fund contributions assessed as
                       Rs. 19,29,788/- (Rupees nineteen lakh twenty nine
                       thousand seven hundred eighty eight only),
                       without consideration of relevant facts and also
                       that the EPF Code so allotted to petitioner was
                       not activated by EPF office in spite of repeated
                       request made by petitioner institution.
                                  (II) For issuance of appropriate writ or
                       writs in the nature of certiorari quashing the ex
                       parte Demand Notice U/s 7Q (interest) of the
                       Employees Provident Funds and Miscellaneous
                       Provisions 1952 issued vide Memo Act.
                       BR/RO/MUZ/ENF/7Q/BRMUZ0020390000/770,
                       No. dated 18.10.2024, under the signature of
                       Regional P.F. Commissioner-II/OIC, Regional
                       Office, Muzaffarpur whereby and whereunder it
                       was directed to deposit the quantified balance
                       interest payable under to the tune of Rs.
                       13,77,716/- (Rupees thirteen lakh seventy seven
                       thousand seven hundred sixteen only) which is
                       quite arbitrary, illegal and without compliance of
                       the principles of natural justice and the facts and
                       circumstances prevailing in the petitioner's case.
                                  (III) For issuance of appropriate writ
                       or writs in the nature of certiorari to quash the
                       unilateral and ex parte notice vide Letter
                       BRMU20020340000/RRC               No.1302/2025-26
                       dated 02.02.2025, whereby and whereunder the
                       above-said amount (under Section 14B and
                       Section 7Q of EPF Act) which is in total Rs. 33,
                       07,504/- (Thirty three lakh seven thousand five
                       hundred four only) have been demanded by the
                       Recovery Officer EPFO, Muzaffarpur on basis of
                       communication made by the Authorized Officer,
                       Regional Office, Muzaffarpur which has been
                       processed and initiated against the petitioner
                       institution without taking into consideration its
Patna High Court CWJC No.2625 of 2026(4) dt.24-04-2026
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                       objections and without complying principles of
                       natural justice.
                                  (IV) For issuance of the consequential
                       appropriate writ or writs in the nature of
                       mandamus commanding and directing the
                       respondent Provident Fund Organization Office
                       to consider the Objection and to comply the
                       principles of fairness and of natural justice and to
                       waive the above-said fines/penalties with interest
                       u/s. 14B/7Q of EPF Act, imposed ex parte and
                       unilaterally, upon the petitioner institution,
                       without hearing the objections and the defense on
                       behalf of the petitioner and without consideration
                       of the material facts and that the order is not
                       legal and valid and rather it violates Article 14
                       and 19 of the Constitution of India and it is
                       arbitrary and the concerned authority has failed
                       to comply proper procedure.
                                  (V)    For     issuance     of    further
                       writ/writs/orders/direction holding the entire
                       decision of the Respondents as illegal, arbitrary,
                       inoperative and without jurisdiction in the eyes of
                       law.
                                  (VI) For any other relief/reliefs to
                       which the petitioner is found entitled to in the
                       facts and circumstances of the case.


                      3. Learned counsel appearing on behalf of the

          petitioner submits that respondent authorities without providing

          an opportunity to the petitioner and without petitioner being

          present on the date of hearing has passed the impugned orders

          dated 18.10.2024 under Sections 14B and 7Q of the Employees’

          Provident Funds and Miscellaneous Provision Act 1952

          (Annexures P/7 and P/8). Learned counsel has drawn the
Patna High Court CWJC No.2625 of 2026(4) dt.24-04-2026
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          attention of this Court to the relevant portion of page 2 of the

          order dated 18.10.2024, which reads as under:-

                              “I    have      considered     the   case   of    the
                              establishment in the light of the submissions
                              advanced on their behalf.”


                      4.    Learned counsel also submits that the petitioner

          has not appeared before the authority on the said date or prior

          date of passing of the order, however, the authority has recorded

          the presence of the petitioner, which clearly demonstrate the

          non-application of mind. Further learned counsel has also drawn

          drawn the attention of this Court to para 19 of the writ petition,

          which reads as under :-

                                “19. That it is stated that the Respondent
                                Provident         Fund     Organization   and
                                concerned officers have not considered
                                the facts and circumstances in proper
                                perspective and without following the
                                principles of natural justice and without
                                ensuring the presence and representation
                                of Petitioner Institution in the action so
                                taken for damages and penalty and
                                without having received any objections on
                                its behalf, they have proceeded with
                                imposition of heavy damages and penalty
                                and the whole process has become a
                                paper work as it is without giving effective
Patna High Court CWJC No.2625 of 2026(4) dt.24-04-2026
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                                hearing to the petitioner institution, and
                                the impugned orders are bad in law.”


                      5. Further it is stated that pursuant to the orders dated

          18.10.2024 passed by the authority under Sections 14 B and 7 Q

          Employees’ Provident Funds and Miscellaneous Provision Act

          1952, the liability fixed by the authority is Rs.19,29,788/- and

          Rs.13,77,716/- (Total Rs.33,07,504/-) on the petitioner. Learned

          counsel submits that out of the said amount, the petitioner has

          already paid approximately Rs.12,50,000/- and prayer for

          setting aside the impugned orders dated 18.10.2024 and remand

          the matter back to the authority concerned for giving the

          petitioner an opportunity of hearing and thereafter pass a

          reasoned order.

                      6. In the counter affidavit filed by the Respondent

          Nos. 2 to 4, the above averment made at para 19 of the C.W.J.C.

          has not been denied.

                      7. Having regard to the above-mentioned facts and

          circumstances, both the impugned orders dated 18.10.2024

          passed under Section 14B and 7Q are set aside. The matter is

          remanded back to the authority concerned for passing orders

          afresh. The authority shall put the petitioner on notice and give

          him an opportunity of hearing and also file his objections if any.
            Patna High Court CWJC No.2625 of 2026(4) dt.24-04-2026
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                      In order to balance the equities, this Court deems it fit to direct

                      the petitioner to deposit half of the total assessed amount under

                      Section 14B and 7Q, i.e., Rs.33,07,504/- within a period of two

                      weeks from the date of the receipt of the copy of this order. The

                      earlier amount of Rs.12,50,000/- deposited by the petitioner

                      shall be taken into consideration while depositing the amount

                      directed to be deposited.

                                  8. With the above directions, this present writ petition

                      stands disposed of.



                                                          (A. Abhishek Reddy , J)
Sanjeev/-

U


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