JAGAT TALKIES DISTRIBUTORS Vs. UNION OF INDIA

JUDGEMENT

(1.) THE present petition is directed against the respondents impugning the order dated July 24, 1984 passed by the Regional Provident Fund Commissioner which directed the petitioner establishment to produce the record as mentioned in the summons for determination of dues in respect of the provident fund. Similarly the Order dated February 18, 1985 is also challenged asking the petitioners to deposit provident fund dues on the assessment made by the Assistant Regional Provident Fund Commissioner. The amount which the petitioners were directed to deposit is referred to in the second impugned order. Rule was issued in the writ petition and on May 27, 1985 in an interim application of stay the following order was passed :-

(2.) THE respondents by means of an application moved on July 10, 1995 (C. M. 4336 of 1995) stated before this Court that the petitioners are neither appearing before the Provident Fund Authorities nor complying with the directions for depositing of dues as made in the above said orders. The various cheques which were dishonored have been referred to in Annexure-A to the application. The petitioners gave vague and evasive replies to these averments made in the application and did not reiterate that they have complied with the directions as contained in the two orders dated May 27, 1985 and April 9, 1986 respectively. When the application was listed before the Court on February 1, 1996 the learned Judge gave further opportunity to the petitioner and passed the following order :

(3.) THERE is no specific averment made even today that there is full compliance of the directions as contained in the three orders passed on May 27, 1985, April 9, 1986 and February 1, 1996 respectively. In case the petitioners have not complied with these orders they have no right to be heard either by this Court or by the Provident Fund Authorities. Therefore, it is necessary to pass the conditional order to dispose of the petition in the following manner :-The petitioners shall appear before the Regional Provident Fund Commissioner on April 21, 1997 at 3 P. M. However, in case there is non compliance of the Orders as mentioned above and the petitioners have not deposited the amounts as determined tentatively by this Court they will have no right to be heard and their pleas shall be rejected. The impugned orders dated April 24, 1984 and February 18, 1985 are set aside subject to the compliance by the directions as given by this Court on three dates as cited above for deposit of the amounts as stated therein. In case no such deposit has been made by the petitioners, the pleas raised by them in this Court as well as before the Regional Provident Fund Commissioner obviously will fail. This petition is disposed of in the above terms.