DIGPAL SINGH Vs. UNION OF INDIA UOI

JUDGEMENT

(1.) THE petitioner seeks quashment of order dated March 20, 2002 passed by Recovery Officer, Employees' Provident Fund Organisation, 7, Race Course Road, Indore. Camp Bhopal, wherein the petitioner is directed to be detained in civil prison for a period of 6 months, commencing with the date of order, by invoking the provisions contained in. Section 8-B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the

(2.) THIS petition is being resisted on the grounds, firstly, that the proceedings before Recovery Officer are not Criminal Proceedings and secondly, an alternate remedy in appeal is provided under the Act.

(3.) AS per scheme of the Act, the enquiry is conducted by any of the officers, authorised under Section 7-A of the Act, for determining the money due from employers. It is also provided under Sub-section (4) of Section 7-A of the Act that in case an ex parte order is passed on account of absence of employer, in spite of service of notice, the employer may, within 3 months from the date of communication of the order, apply for setting aside the order. A remedy in appeal is also provided against the ex parte order. Then, another remedy of review is also provided under Section 7-B of the Act, against the order passed under Section 7-A of the Act. It is also noteworthy that against the bye-parte order passed under Section 7-A of the Act, a remedy of appeal is provided in Sub-section (1) of Section 7 of the Act. Since 75% of the amount, which is determined to be due under Section 7-A of the Act, has to be deposited before the filing of the appeal under Sub-section 'o' of Section 7 of the Act, this petitioner has knocked the door of the Court under Section 482 of the Code of Criminal Procedure, with a view to avoid the aforesaid deposit.