R K SHAHU Vs. REGIONAL PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) PETITIONER had filed this writ petition challenging the action initiated for recovery of provident fund dues from the petitioner under the Employees' Provident Fund & Miscellaneous Provisions Act, 1952. From the return filed by the respondent it transpires that action has been initiated after order has been passed under Section 7A of the Act of 1952 for the period November 2004 to February 2008 and the order in question is passed on 14.5.2008. When the aforesaid reply was filed by the respondents petitioner came out with a case that he has not been supplied with the order dated 14.5.2008, he is not aware of the order passed and therefore, this Court vide order dated 30.4.2009 directed the respondents to file an affidavit to show as to how and when the Assessment order pass under Section 7A of the Employees' Provident Fund Miscellaneous Provisions Act of 1952 was intimated to the petitioner and the manner in which it was served on the petitioner. From the affidavit dated 4.5.2009 filed by the respondents it transpires that the order was forwarded through speed post, but there is no proof of its receipt by the petitioner. Accordingly, it is a case where even though the order was passed under section 7A of the Act of 1952, but there is no material available before this Court to show that the said order was properly served on the petitioner. Therefore, it has to be construed that petitioner came to know about passing of the order only when it was filed along with the return in this writ petition.

(2.) KEEPING in view the aforesaid, it is a fit case where the petitioner should be granted liberty to assail the order passed under Section 7A before the Appellate Tribunal and the Tribunal is requested not to reject the appeal on the ground of delay. Accordingly, this petition is disposed of with the following directions: - -