DELHI MISTAN BHANDAR Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) A show cause notice was issued to the petitioner for non-compliance of the provisions of Employees' Provident Fund and Miscellaneous Provisions Act, 1952 by the Regional PF Commissioner, Employees Provident Fund Organisation (in short 'EPFO') on 02.01.2018.

(2.) The petitioner being aggrieved by the issuance of the aforesaid show cause notice, has approached this Court under Article 226 of the Constitution of India impugning the said notice on the ground that in response to the show cause notice, the petitioner had responded requesting the Regional PF Commissioner, EPFO, Shillong to furnish the details of the outstanding amount but no response was received by the petitioner.

(3.) Upon notice having been issued, an affidavit-in-opposition has been filed on behalf of respondents No. 2 and 3. In para 5 of the affidavit-in-opposition it has been stated that the first show cause notice dated 02.01.2018 was issued directing the petitioner to produce the records of the establishment on 23.01.2018 and to clear the arrears of Rs. 69,766/- accumulated upto the year 2017-18. It has been further stated that Rs.70,050/- being the arrears including the cost had been deposited by the petitioner. Para 5 of the affidavit-in-opposition reads thus;