SASIDHARAN Vs. REGIONAL P F COMMISSIONER

JUDGEMENT

(1.) The points that arises for consideration in the original petition are:

(2.) A counter affidavit has been filed by the 1st respondent Commissioner. Along with the counter affidavit Exts R-l to R-4 are also produced. Ext. R1 is a notice issued under S.7A of the Act. Ext. R3 is the proceedings of the Ist respondent in the enquiry held under S.7A of the Act determining the amount due from the petitioner. Ext. R4 is only a copy of Ext. P4 produced along with the original petition. In Para.4 of the counter affidavit it is stated: ''Since the petitioner kept away from the proceedings held pursuant to Ext. R1 which resulted in Ext. P1, it was rightly assumed that the petitioner had no objection in declaring the II employees eligible for Provident Fund and so the employees themselves were not summoned for personal bearing."

(3.) Subsequent to the filing of this original petition, in view of the order passed by this Court on C.M.P. 8199 of 1979 the petitioner remitted Rs. 2259.85 on 12-7-1979. It is not disputed that the arrears still due from the petitioner is the subscription from 1-3-1975 in respect of the H employees who were found eligible for membership as per Ext. P1 order dated 20-7-1978. The question is whether the petitioner can be made liable for the above arrears on the basis of Ext. P1 order.