M ARUNKUMAR Vs. ASSISTANT PROVIDENT FUND COMMISSIONER

JUDGEMENT

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

(2.) The writ petition has been filed challenging the order of the first respondent dated 19.3.2003, by which, the first respondent has rejected the application of the petitioner dated 20.2.2003 to set aside the ex parte order passed by the first respondent dated 30.11.2000 under Section 7-A(1) of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952.

(3.) It is seen that in respect of non compliance of the statutory obligations under the provisions of the said Act, summons were issued to the petitioner directing him to appear on 25.2.2000. It is the case of the petitioner that the said summons directing him to appear on 25.2.2000 came to be received only on 28.2.2000. However, the first respondent has passed ex parte final orders on 30.11.2000/15.12.2000 under Section 7-A(1) of the said Act quantifying the amount due by the petitioner under the employees' state insurance scheme to the tune of Rs.3,17,535.80 Ps and further directing the petitioner to remit the said sum in the respective employees' state insurance accounts. It is the further case of the petitioner that the said final order passed by the first respondent has not been served on the petitioner immediately and the same came to be served to him only by the communication dated 19.12.2002.