SUNIL V KATKAR Vs. ASSISTANT PROVIDEN FUND COMMISSIONER

JUDGEMENT

(1.) Heard Shri Sardessai on behalf of the petitioner and Shri Joseph Vaz on behalf of respondent no.1.

(2.) This Writ Petition is directed against order dated 12/02/2009 of the Employees Provident Fund Appellate Tribunal upholding the assessment order dated 12/12/2001 of the Provident Fund Commissioner, under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (the Act, for short).

(3.) The respondent no.1 has filed an affidavit and in the said affidavit in reply it is, inter alia, stated that the petitioner was issued with the show cause notice on 25/01/2001 and thereafter on 13/02/2001 and on 6/03/2001 and an ample opportunity was given to the petitioner to prove his case, but the petitioner did not avail of the same nor requested for the copy of the report of the Enforcement Officer which the petitioner is now seeking for the first time before this Court, to circumvent the ends of justice.