AMERICAN EXP. BAKERY Vs. RPFC

JUDGEMENT

(1.) By consent, the writ petition is disposed off in terms of the following order.

(2.) In these circumstances, such hyper-technical approach defeats the purpose of the Act itself. For all these reasons, the order dated 9th May, 2011 is quashed and set aside. The review application stands restored to the file of the authorities and it shall now be dealt with by the Regional Provident Fund Commissioner of the concerned region. The petitioner shall appear either in person or through his representative before the Regional Provident Fund Commissioner, Mumbai on 14th September, 2011 at 11.00 a.m. and the Commissioner shall hear the petitioner and after perusing the memo of the review application and considering the oral arguments so also scrutinizing the documents produced, shall pass a reasoned order as expeditiously possible and within period of four weeks from the conclusion of hearing. All contentions in relation to the assessment, including on the point of adjustment are kept open.

(3.) In compliance of the above order of Hon'ble High Court, Regional Provident Fund Commissioner reconsidered the renew application on merit and passed an order on 15.12.2011. Aggrieved by this order, the establishment again approached Hon'ble High Court at Bombay through Writ Petition No. 346 of 2012 on 23.1.2012. The petition has been disposed off by Hon'ble High Court on 17.9.2012 in terms of following order.