ASSISTANT P.F. COMMISSIONER Vs. REMYA ERECTORS

JUDGEMENT

(1.) The present appeal is directed against the order dated 10.04.2012 passed by the learned Single Judge of this Court in SCA No. 3135/12, whereby the learned Single Judge has dismissed the petition.

(2.) The short facts of the case appears to be that the proceedings were initiated under the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (hereinafter referred to as "the Act"). As per the appellant, the matter was adjourned from time to time and on the last date, i.e., on 21.07.2008, when the enforcement officer submitted deposition and the documents, the respondents were not present. Hence, the inquiry was closed and thereafter, the order dated 30/31.07.2008 was passed whereby the direction was issued to remit the dues of Rs. 2,99,426/-. The respondent carried the matter in appeal before the appellate tribunal under the Act. The Tribunal vide order dated 07.09.2011 allowed the appeal mainly on the ground that no opportunity was not given to the appellant to cross-examine the enforcement officer and the documents were not supplied and therefore, there was breach of principles of natural justice. The appellant preferred petition before this Court which came to be dismissed by the learned Single Judge. Under the circumstances, the present appeal before the Division Bench of this Court.

(3.) We have heard Ms. Shailaja, learned counsel appearing for the appellant and Mr. Patel for the respondent no. 1. The presence of respondent no. 2 may not be required since he is a formal party.