LEONARAS RESTAURANT Vs. ASSISTANT P F COMMISSIONER, GOA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Respondent waives service. Taken up for final disposal.

(2.) By this petition, the petitioner challenges the order passed by the Regional Provident Fund, Commissioner, Goa dated 19 May 2014/9 July 2014. The Commissioner passed an order under Section 7A of Employees Provident Fund and Miscellaneous Provisions Act, 1952 directing the petitioner to pay an amount of Rs.3,00,171/- (Rupees Three Lakhs One Hundred & Seventy One Only) in respect of Provident Fund, Employees Fund and Insurance Fund contribution and other charges for the month of April, 2011 to November, 2012.

(3.) The impugned order is challenged on the ground of violation of principles of natural justice. Shri G. Naik, the learned Counsel for the petitioner submitted that the advocate for the petitioner had attended the inquiry and filed application for cross-examination of the witnesses. He submitted that though in the impugned order it is mentioned that no witnesses were presented and examined by the department, the impugned order discloses that Enforcement Officer had deposed before the Commissioner. The learned Counsel relied upon decision of the learned Single Judge (F.M. Reis, J.) in the case of M/s. Mustifund Saunstha V/s. The Asst. Provident Fund Commissioner in Writ Petition No.587/2012 rendered on 27 September 2012.