VICTORY PAPER AND BOARDS (INDIA)LTD. Vs. ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION AND ORS.

JUDGEMENT

(1.) The petitioner is a company manufacturing in paper and paper products. According to the petitioner company all regular employees of the company are covered by the Employees Provident Fund Scheme and the company is not liable to pay contribution with regard to the workers engaged by the contractor. According to the contention of the petitioner, first respondent passed Ext.P2 order determining a sum of Rs.15,78,833/ - in respect of the contract employees under Section 7A of the Employees Provident Fund Act. Challenging Ext.P2 order passed by the first respondent, the petitioner filed Ext.P3 appeal before the second respondent. Thereupon, the appellate authority stayed the operation of Ext.P2 subject to the deposit of 40% of the assessed amount and the same is evidenced by Ext.P4. The petitioner complied the conditions specified in the stay order and deposited a sum of Rs.6,31,598/ - before the Assistant Provident Fund Commissioner, Calicut.

(2.) The grievance of the petitioner is that even without notifying the posting date to the lawyer appearing for the petitioner, the second respondent passed Ext.P6 ex parte order rejecting the appeal filed by the petitioner. Thus an opportunity of being heard was not given to the petitioner before passing Ext.P6 order, by the appellate authority under the Employees Provident Fund and Miscellaneous Provisions Act. It is with this background, this writ petition is filed with a prayer to quash Ext.P6 order and direct the second respondent to consider the appeal afresh and pass orders accordingly.

(3.) Heard the learned counsel for the petitioner and the learned standing counsel for the respondents 1 and 2.