LAWS(KAR)-2015-4-481

M. ZAFRULLA Vs. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION (MINISTRY OF LABOUR, GOVERNMENT OF INDIA), GULBARGA AND ORS.

Decided On April 24, 2015
M. Zafrulla Appellant
V/S
The Assistant Provident Fund Commissioner, Employees Provident Fund Organisation (Ministry Of Labour, Government Of India), Gulbarga And Ors. Respondents

JUDGEMENT

(1.) There was a failure to remit the Provident Fund. Notices were issued. An order under Section 7-A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (for short, the 'Act') was passed. Consequently a review petition was filed under Section 7-B of the said Act. The same was dismissed. Hence, the present petition.

(2.) Learned Counsel for the petitioner contends that the impugned order is bad in law and liable to be set aside. That the writ petition has been filed questioning the order passed under Section 7-A of the Act and the order passed by the respondents vide Annexure-H namely a show-cause notice as to why petitioner should not be committed to Civil Prison in execution of the said certificate. She further contends that there has been a violation of the legal rights of the petitioner.

(3.) On hearing learned Counsel, I am of the considered view that there is no merit in this petition. On an order being passed under Section 7-A of the Act the petitioner in terms of Section 7-B is entitled to file a review petition. That has been done. The review petition has been rejected.