S N SELVARAJ Vs. ASSISTANT PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) The Assistant Provident Fund Commissioner initiated proceedings under Section 7A of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (in short hereinafter referred to as "the Act") to determine the money dues from the Petitioner towards non-payment of the provident fund amount for the period from September 2001 to October 2004.

(2.) Ultimately, the first Respondent passed an ex-parte order dated 17.02.2005, directing the writ Petitioner to pay a sum of Rs. 98,956.55 under Section 7A of the Act.

(3.) The Petitioner sent an application dated 21.03.2005, to set aside the ex-parte order and to decide the matter after hearing him. Without disposing the aforesaid application seeking to set aside the ex-parte order, the first Respondent issued impugned notice dated 17.03.2006 under Sections 14(1), 14(1A), 14-A(1) and 14AA of the Act and paragraph 76(b)/(d) of the Employees' Provident Funds Scheme 1952 for recovery of the aforesaid amount.