TATA INTERNATIONAL LTD. Vs. REGIONAL PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) Heard on admission.

(2.) Learned counsel for the appellant submits that the appellant was put to notice under Section 7-A of the Employees' Provident Funds & Miscellaneous Provisions Act, 1952. The petitioner filed reply dated 29.09.2019 Annexure P-6 and raised an objection regarding sustainability of proceeding. The competent authority without deciding this objection is proceeding with the matter which compelled the appellant to knock the doors of the writ court. The writ court without entering into the merits of the case and without considering the contention of appellant dismissed the writ petition. The appellant is seeking a direction to the competent authority to take a decision as preliminary issue regarding maintainability of the proceeding and if proceeding survives, he may proceed further.

(3.) Shri Sanjay Sharma, learned counsel supported the order of learned Writ Court.