M/s. J.P.Logistics Pvt. Ltd v. The Regional Provident Fund Commissioner, Kolhapur & Ors.

Mr. A.P.Purav, for the Petitioner. Mr. Suresh Kumar, for Respondents. CORAM : K.K.TATED, J. DATE : 6th APRIL, 2011. P.C.: 1 2 Heard learned counsel for the parties. By this Petition under articles 226 and 227 of Constitution of India, Petitioner challenges the order dated 18th October, 2010 passed by Employees’ Provident Fund Appellate Tribunal, Camp at Pune in ATA No.714(9)2004 confirming the Provident Fund Authorities order under section 7A of the Employees Provident Fund and Misc. Provident Fund Act, 1952, directing the Petitioner to deposit the dues to the tune of Rs.74,90,195/-. The learned counsel 2 4-756-11.sxw appearing on behalf of Petitioner submits that the Petitioner have not received any notice for the hearing of appeal at Pune scheduled on 18th October, 2010. The Petitioner made awarments in para 9 to that effect which reads as under:- xxxxxxxxxxxxxxxxx “Para-9”- The Company submits that on 28.12.2010 along with the covering letters dated 20.12.2010 the Company received Order dated 18.10.2010 passed by the Hon’ble Presiding Officer in ATA No.714(9) 2004. The Company submits that from the copy of the order it understands that the Appellate Tribunal had arranged at Pune on 18.10.2010 in which Appeal filed by the Company was listed for the hearing. The company submits that it had not at all received any notice for the camp at Pune or notice of the hearing on 18.10.2010. The Company submits that since it had no notice about the camp or hearing on 18.10.2010, it could not appear before the Hon’ble Presiding Officer for hearing.” 3 The learned counsel appearing on behalf of Respondent is not in a position to show that the Department has issued any notice to the Petitioner of the hearing of Appeal at Pune. 4 Considering the submission made by learned counsel appearing on behalf of Petitioner and averments made in the Petition, it is crystal clear that the Appellate Authority without issuing any notice passed ex-parte order which is against natural justice. Considering these facts impugned order passed by the Appellate 3 4-756-11.sxw Authority dated 18th October, 2010 in ATA No.714(9) 2009 is set aside and matter is remanded back to the Appellate Authority for fresh hearing after giving appropriate notice to the Petitioner. 5 Writ Petition is allowed to that effect.

(K.K.TATED, J.)