INDUS TOWERS LTD Vs. REGIONAL PROVIDENT FUND COMMISSIONE

JUDGEMENT

(1.) This hearing has been done in physical Court. Hybrid mode is permitted in cases where permission is being sought from the Court.

(2.) The present writ petition has been filed challenging the impugned order dtd. 22/10/2021 passed by the Ld. RPFC-II, EPFO Delhi West, Dwarka, New Delhi in Diary No.40/2015 titled "EPFO Delhi West v. M/s. Indus Towers Ltd.". By the impugned order, the Respondent No.1/RPFC-II has dismissed the application dtd. 1/10/2021 preferred by the Petitioner herein seeking recusal of the Respondent No.1/RPFC-II from the inquiry proceedings under Sec. 7A of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (hereinafter 'the Act') on the ground of conflict of interest, judicial propriety and principles of natural justice.

(3.) The grievance of the Petitioner is that the concerned RPFC-II, who is now conducting the inquiry under Sec. 7A of the Act, was earlier representing the Department. Thus, the same person acting as the inquiry officer under Sec. 7A of the Act, would be contrary to law.