Kelvin Jute Limited and Anr. Vs the Regional Provident Fund Commissioner, Regional Office- Barrackpore and Ors. — Calcutta HC (2026) — LawSathi Research

Kelvin Jute Limited and Anr. Vs the Regional Provident Fund Commissioner, Regional Office- Barrackpore and Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to petitioners to apply before the Regional Provident Fund Commissioner-I, Regional Office, Barrackpore within 30 days with supporting documents; impugned notice dated January 10, 2025 and purported order dated January 3, 2025 stayed till disposal of the application; authority to consider serial nos. 1 to 11 after hearing and service of advance copies of departmental documents; four-week stay protection available post authority's order.

Issue for consideration

Whether the impugned notice dated 10th January, 2025 read with the order dated January 3, 2025 (modified January 13, 2025) raising provident fund dues can be sustained, in view of the petitioners' claim that the serial no. 11 dues stand paid and the serial no. 12 issue is pending in WPA 5548 of 2009.

Court's answer

Writ application disposed of with liberty to the petitioners to make an application before the Regional Provident Fund Commissioner-I, Regional Office, Barrackpore within 30 days; the authority to issue notice to the parties and hear the matter in accordance with law.

Ratio / Principle

Petitioners to produce all supporting documents in support of their contention that payment has been made; the authority concerned at liberty to dispose of the case in accordance with law.

Key takeaways

Impugned notice dated January 10, 2025 and purported order dated January 3, 2025 stayed till disposal of the application before the authority.ratio¶15
Consideration by the authority restricted to serial nos. 1 to 11 of the notice dated 10th January, 2025; serial no. 12 excluded as it is the subject matter of a different writ application before this Court.ratio¶19
If the department relies on any documents relating to the claim, an advance copy shall be served on the petitioner with liberty to file a reply/response within a reasonable time.ratio

Detailed headnote1 paragraphs

Writ petition (WPA 1496 of 2025) by Kelvin Jute Limited & Anr. against the Regional Provident Fund Commissioner, Barrackpore challenging an e-mail dated January 10, 2025 attaching a purported order dated January 3, 2025, as modified on January 13, 2025, relating to provident fund dues (earlier notice dated 14.02.2020 had raised total dues of Rs.66,16,341.70/-). Petitioners contended that the serial no. 11 dues (Rs.6616341.70/-) stood paid with supporting documents, and that the serial no. 12 issue was pending in restored WPA 5548 of 2009. The Court disposed of the writ with liberty to the petitioners to move the Regional Provident Fund Commissioner-I, Regional Office, Barrackpore within 30 days with all supporting documents; the authority to issue notice and hear the matter in accordance with law, confining itself to serial nos. 1 to 11. The impugned notice and order were stayed till disposal of the application; advance copies of departmental documents to be served with liberty to reply; and a four-week stay protection allowed post the authority's decision if prayed for.

17.02.2026 Item No.29 Ct. No. 30 Aloke

WPA 1496 of 2025

Kelvin Jute Limited & Anr. Vs

The Regional Provident Fund Commissioner, Barrackpore & Ors.

Mr. Soumya Majumder, ld. Sr. Adv. Mr. Deepak Kr. Jain Mr. Kumar Gupta … for the petitioners

Ms. Aparna Banerjee … for the respondent nos. 1 and 2 Mr. Srijib Chakraborty Mr. Sukanta Ghosh ... for the UOI

The writ application has been preferred challenging an e-mail dated January 10, 2025 and the purported order dated January 3, 2025 attached therewith as modified by the order dated January 13, 2025.

In course of hearing the learned senior counsel appearing for the petitioners places the document at page 30 to the affidavit-inopposition filed by the respondent nos. 1 and 2.

It appears from the said notice dated 14.02.2020 that the total dues amounted to Rs.66,16,341.70/-. Placing the impugned notice dated 10^th January, 2025 which is annexed to the writ application, the petitioners state that the dues in serial no. 11 therein which amounts to Rs.6616341.70/has

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already been paid to the petitioners and they have supporting documents to substantiate that they have made the said payments.

In respect of serial no. 12 the argument of the petitioners is that the said issue is pending before this Court in WPA 5548 of 2009 which has now been restored and is pending hearing before this Court.

Considering the said submissions and the materials on record, the writ application is disposed of with liberty granted to the petitioners herein to make an application stating the facts as placed before this Court, before the Regional Provident Fund Commissioner-I, Regional office at Barrackpore, within 30 days from the date of this order. The said authority concerned shall issue a notice accordingly, to the parties and the matter shall be heard in accordance with law.

The petitioners shall produce all supporting documents in support of their contention that payment has been made, before the authority concerned and the authority concerned shall be at liberty to dispose of the case in accordance with law.

It is further directed that the impugned notice dated January 10, 2025 and the

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purported order dated January 3, 2025, be

stayed till disposal of the application .

It is clarified that the said issue, to be considered by the authority, shall be restricted to serial no. 1 to 11 in the notice dated 10^th January, 2025, as the issue in respect of serial no. 12 is subject matter of a different writ application, before this Court.

It is further clarified that in case the department relies on any documents relating to the said claim, an advance copy of the same shall be served upon the petitioner with liberty to file a reply/response within a reasonable time.

On prayer of the petitioner for some protection (if deemed necessary) after the disposal of the matter by the authority concerned, it is directed that in case the petitioner prays for an order of stay, the same shall be permitted for a period of four weeks from the date of communication of the order by the authority concerned.

Urgent Photostat certified copy of this order, if applied for, be given to the parties, upon usual undertakings.