PROVIDENT FUND COMMISSIONER Vs. BENA GARMENTS

JUDGEMENT

(1.) By Order Dated 19 August 2015 Parties Were Put To notice that the Petition will disposed off finally at the admission stage. Accordingly, Rule. Rule made returnable forthwith. Respondent waives service.

(2.) The Respondent Had Filed An Appeal In The Employees' Provident Fund, Appellate Tribunal, New Delhi challenging the order dated 24 June 2011 passed by the Provident Fund Commissioner, Mumbai under Section 7A of Employees' Provident Fund Act. One of the ground of challenge by the Respondent before the Appellate Authority was that the copy of the Enforcement Officer's report was not supplied to the Respondent. The Appellate Tribunal accepted this grievance and held nonsupply of Enforcement Officer's Report before passing an order was a serious infirmity and it amounted denial of principles of natural justice. Accordingly, the Appellate Tribunal, by order dated 11 October 2013, allowed the Appeal and set aside the order passed by the Provident Fund Commissioner on 24 June 2011.

(3.) Though Nothing Is Shown By The Learned Counsel For the Petitioner to assail the feeling that there was breach of principles of natural justice, the Appellate Tribunal has adopted a course which is not as per law. If the Appellate Tribunal was of the opinion that nonsupply of copy of Enforcement Officer's Report vitiated the order of the Provident Fund Commissioner, then a direction could have been given to supply the report and thereafter, to hear the matter afresh. The Appellate Tribunal has not interfered with the impugned order on merits but only on the ground of nonsupply of the report.