Avesthagen Limited v. Regional Provident Fund Commissioner-II
2015-08-13
S.ABDUL NAZEER
body2015
DigiLaw.ai
ORDER : S. Abdul Nazeer, J. Though this matter is listed for orders, by consent of learned Counsel for the parties, it is taken up for hearing, heard and disposed of by this order. 2. The 2nd respondent passed an order at Annexure-A, dated 28-11-2014 directing the petitioner-Company to pay total sum of Rs. 2,17,59,790/- towards contribution under Section 7-A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (for short 'Act'). The petitioner filed review petition vide Annexure-C seeking review of the order. The application was dismissed by the 2nd respondent as per Annexure-D on 23-2-2015. The petitioner has called in question the validity of the orders at Annexure-A and Annexure-D in this writ petition. 3. I have heard the learned Counsel for the parties. 4. The contention of the learned Counsel for the petitioner is that, the employees of the petitioner drawing more than Rs. 6,500/- p.m. towards salary, are not coverable under the provisions of the Act. The petitioner could not produce the relevant documents before the 2nd respondent within time. The petitioner sought some more time for its production. However, the 2nd respondent has proceeded to pass the order without granting sufficient opportunity. 5. On the other hand, learned Counsel appearing for the first respondent has sought to justify the impugned order. 6. It is evident from the materials on record that on 31-7-2012, the 2nd respondent has issued show-cause notice to the petitioner for determination of the dues from January 2011 to December 2011. The petitioner did not file objections and time sought for production of relevant documents to establish that many of the employees are not coverable under the Act has been rejected. It is no doubt true that despite grant of reasonable time, the petitioner has failed to produce the relevant documents. Having regard to the facts and circumstances of the case, it is just and proper to grant the petitioner another opportunity to produce the relevant documents as a last chance. 7. Therefore, the orders at Annexure-A, dated 28-11-2014 and Annexure-D, dated 23-2-2015 passed by the 2nd respondent are hereby quashed. The order of attachment at Annexure-B, dated 6-2-2015 is also quashed. The representative of the petitioner is permitted to appear before the second respondent on 14-9-2015 at 3 p.m. and file his objections along with the documents.
7. Therefore, the orders at Annexure-A, dated 28-11-2014 and Annexure-D, dated 23-2-2015 passed by the 2nd respondent are hereby quashed. The order of attachment at Annexure-B, dated 6-2-2015 is also quashed. The representative of the petitioner is permitted to appear before the second respondent on 14-9-2015 at 3 p.m. and file his objections along with the documents. No further opportunity need be granted to the petitioner to file the objections and the documents. The 2nd respondent is directed to consider the same and pass appropriate orders thereon in accordance with law. If the petitioner fails to appear on the aforesaid date, the 2nd respondent is directed to conclude the proceedings on the basis of the available materials on record. Writ petition is disposed of accordingly. 8. In view of the disposal of the writ petition as above, I.A. No. 1 of 2015 does not survive for consideration. It is accordingly dismissed. No costs.