SENTHIL HOSPITAL Vs. ASSISTANT PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) This petition has been filed to quash the proceedings made in MD/MD/MDU/97123/ENF B/M10/APPLY/2015 dated 11.09.2018 on the file of the first respondent and its consequential proceedings of the prosecution notice No.MD/MDU/DO/SVK/EO(PU)/97123/2019 dated 18.03.2019 by the second respondent.

(2.) The first respondent/Assistant Provident Fund Commissioner, Employees' Provident Fund Organisation, Ministry of Labour-Government of India, Madurai-2 had passed an order under Section 7A(1)(a) of the 'Employees Provident Funds and Miscellaneous Provisions Act, 1952' (hereinafter referred to as 'said Act' for the sake of brevity) against the petitioner herein, M/s.Senthil Hospital at Sattur in Srivilliputhur District, which is represented by its Proprietor in the present writ petition.

(3.) As against the said order passed under Section 7A of the said Act, review is permitted if an appeal has not been filed. The petitioner has not filed any appeal. The review should be filed in a particular form in accordance with law. The particular form is Form -IX. On the other hand, the petitioner gave a letter claiming to be a review application. Naturally, the respondent rejected the same. After the rejection of the said letter, the respondents called upon the petitioner why prosecution may not be initiated by the impugned order dated 18.03.2019. Since prosecution was sought to be launched against the petitioner, the petitioner finally woke up and has approached this Court by filing of this writ petition. For filing an appeal, 75% of the amount should be deposited. Therefore, this Court had directed the petitioner herein to deposit 75% of the amount claimed.