Asitpur Tea Estate and Anr v. Assam Tea Employees Provident Fund Organisation and 2 Ors

ORDER

31.07.2024

Heard Mr. PP Dutta, the learned counsel appearing on behalf of the petitioners. Ms. G Goswami, the learned counsel appears on behalf of respondent Nos.1 and 2.

¶2The instant writ petition has been filed challenging the notice of demand issued vide Reference No.PF/Z0-DIB/Recovery/2024/E– 256/817-19 dated Page No.# 3/3

20.06.2024 as well as the other consequential reliefs as regards the said notice.

¶3Ms. G Goswami, the learned counsel submits on instruction that the said notice which was issued to the petitioners referred to hereinabove shall be withdrawn in view of the reconciliation of the accounts.

¶4Ms. G Goswami, the learned counsel further submits that the respondent authorities would not insist upon the said notice in view of the communication which has been addressed to her. A copy of the said communication so placed before this Court is kept on record and marked with the letter 'X'.

¶5Taking into account the said communication which has been marked with the letter 'X' as well as the submissions made by Ms. G Goswami, the learned counsel for the respondent Nos.1 and 2, the impugned notice is deemed to have been withdrawn and accordingly the respondent authorities shall not insist on the said notice.

¶6It is, however, made clear that the instant order so passed shall not preclude the respondent authorities to take appropriate action by issuing due notice.

¶7With the above, the instant writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010131112024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3379/2024o ASITPURoTEAoESTATEoANDoANRo P.O-oTENGAKHAT,o DIST-oDIBRUGARH,oASSAM,oPIN-786103,o REP.oBYoITSoCEO,oMR.oATISHoCH.oBAGCHI 2:oMR.oATISHoCH.oBAGCHI oS/O-oLATEoAJIToCH.oBAGCHI o R/O-oASIToBHAWAN o MANCOTTAoROAD o(NEARoOVERoBRIDGE) o P.OoANDoP.S-oDIBRUGARH o DIST-oDIBRUGARH oASSAo VERSUSo ASSAMoTEAoEMPLOYEESoPROVIDENToFUNDoORGANISATIONoANDo2oORSo FORMERLYoKNOWNoASoASSAMoTEAoPLANTATIONoANDoPROVIDENToFUNDo ANDoPENSIONoFUNDoACHEMEoANDoDLIoSCHEME,oNIDHIoBHAWAN,o LALMATI,oBASISTHA,oNHo37,oGUWAHATI-29,o o REP.oBYoITSoSECRETARYoCUMoPROVIDENToFUNDoCOMMISSIONERo HAVINGoITSoHEADoOFFICEoAToNIDHIoBHAWAN,oLALoMATI,oBASISTHAo,o GUWAHATI,oDIST.oKAMRUP(M),oASSAM-781029. 2:THEoAUTHORISEDoOFFICER oASSAMoTEAoEMPLOYEESoPROVIDENToFUNDoORGANISATION o oNIDHIoBHAWAN oLALoMATI Page No.# 2/3 BASISTHA GUWAHATI DIST. KAMRUP(M) ASSAM-781029. 3:RECOVERY OFFICER ASSAM TEA EMPLOYEES PROVIDENT FUND ORGANISATION DIBRUGARH ZONE MILAN NAGARWEST P.O- C.R BUILDING DIST- DIBRUGARH ASSAM PIN-78600 Advocate for the petitioner(s): Mr. PP Dutta Advocate for the respondent(s): Ms. G Goswami For respondent Nos.1 and 2 B E F O R E HON'BLE MR. JUSTICE DEVASHIS BARUAH