N. BHAGEERATHAN Vs. ASSISTANT PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) The prayer in the writ petition is for a certiorarified mandamus to call for the records relating to the order of the 2nd respondent passed in ATA No.548(13) 2002 dated 10.09.2010 and quash the same and direct the 1st respondent not to recover any amount from the petitioner.

(2.) As against the order passed by the 1st respondent, the petitioner had filed an appeal before the 2nd respondent in Appeal No. 548/2002. The said appeal was dismissed for default on 03.03.2009. In order to restore the said appeal, by setting aside the ex parte order, dated 03.03.2009, the petitioner had filed an application for restoration and the said application was also dismissed by the 2nd respondent by order dated 29.09.2009 for default. In order to restore that application for restoration of appeal, the petitioner had filed another application in ATA No. 548(13)2002 before the 2nd respondent. The said application filed by the petitioner to restore the application for restore the appeal has been dismissed by the order impugned passed by the 2nd respondent dated 10.09.2010. Challenging the said order of the 2nd respondent, the present writ petition has been filed.

(3.) Heard the learned counsel for the petitioner and the learned counsel for the first respondent.