JUDGMENT Amareshwar Sahay, J. 1. In this application, the petitioner has challenged the order dated 28.10.1997 as contained in Annexure 6 to the writ application, passed by the Regional Provident Fund Commissioner, Ranchi whereby a direction was made to the petitioner to pay a sum of Rs. 15,046/-from the date of the order under the provisions of the Employees Provident Fund Miscellaneous Provision Act, 1952. 2. From the impugned order it appears that the same was passed ex parte as nobody on behalf of the petitioner appeared before the Regional Provident Fund Commissioner, Ranchi. 3. Learned counsel for the petitioner Mr. Sahani submits that no person was present before the Regional Provident Fund Commissioner when the matter was taken up but all the relevant documents had already been filed before him showing that there was no dues against the petitioner for the period from March, 1992 to February, 1995 and in support of this fact all the relevant documents were on the record before the Regional Provident Fund Commissioner, Ranchi, but he without applying his mind and without looking into the records of the case has passed the impugned order. 4. Nobody appears for the respondents, nor any counter affidavit has been filed controverting the statements made in the writ application. 5. In view of the statements made in this writ application, this application is allowed and the order as contained in Annexure 6 to the writ application dated 28.10.1997 passed by the Regional Provident Fund Commissioner, Ranchi is hereby set aside and the matter is remitted back to him to pass a fresh order after hearing the petitioner and after considering the relevant records as well as the documents filed alongwith the reply by the petitioner. 6. The Regional Provident Fund Commissioner is hereby directed to fix a date of hearing within a period of 15 days from the date of receipt/production of a copy of this order and communicate it to the petitioner. 7. Mr. Sahani, learned counsel appearing for the petitioner submits that the representatives of the petitioner shall appear before the Regional Provident Fund Commissioner, Ranchi on the date so fixed by the Regional Provident Fund Commissioner. 8. The deposit of the amount made by the petitioner pursuant to the interim order dated 28.10.1997, shall be subject to the result of the final order passed by the Regional Provident Fund Commissioner, Ranchi. 9. 8. The deposit of the amount made by the petitioner pursuant to the interim order dated 28.10.1997, shall be subject to the result of the final order passed by the Regional Provident Fund Commissioner, Ranchi. 9. With the above observation and direction this application is allowed.