HEMANI INDUSTRIES LIMITED Vs. ASSTT. PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) The petition is filed under Article 226 of the Constitution against the show cause notice dated 24.10.2018 issued by the Assistant Provident Fund Commissioner to the petitioner to initiate inquiry under Section 7A of the Employees' Provident Funds and Misc. Provisions Act, 1952 ('the Act').

(2.) Learned advocate Mr. Krutarth Desai for the petitioner submitted that the inquiry is sought to be initiated against the petitioner pursuant to the award made by the Labour Court, which was for the purpose of reinstatement of the workman Mr. A.K. Oza, but no back wages was granted to the workman. Mr. Desai submitted that such aspect of not granting back wages got confirmed even by this Court in the petition filed when the award was challenged. Mr. Desai submitted that ignoring such aspect of non-granting of back wages, the respondent has issued show cause notice to initiate inquiry under Section 7A of the Act, which is not permissible.

(3.) The Court, having heard learned advocate Mr. Desai, finds that it is not the case of the petitioner that the respondent has no jurisdiction to initiate/ hold inquiry under Section 7A of the Act.