SUSHIL CHOUDHURY Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) The petitioner is the editor, printer and publisher of a Bengali daily newspaper named Dainik Ganadoot being published from Agartala.

(2.) Vide order dated 28.7.1998 passed under Section 7A of the Employee's Provident Funds and Miscellaneous Provisions Act, 1952(hereinafter referred to as the Act), the dues of the petitioner under the Act were determined at Rs.1,76,206.50 paisa. The petitioner was directed to pay the amount. Aggrieved by the said order the petitioner filed a writ petition being Civil Rule No.475 of 1998 in the Agartala Bench of the Gauhati High Court which then exercised jurisdiction over the State of Tripura. During the pendency of the petition the operation of the order passed under Section 7A of the Act was stayed. The writ petition was finally dismissed on 22.5.2007. Thereafter the petitioner filed Writ Appeal No.52 of 2007 challenging the aforesaid judgment. Stay was granted in respect of the recovery till disposal of the writ appeal. Finally the writ appeal was dismissed on 11.10.2007 and the order of the learned single Judge was affirmed.

(3.) After the writ appeal had been dismissed the authorities(respondent no.2) under the Act issued notice of demand on 17.9.2008 directing the petitioner to make payment of the amount of Rs.1,76,206.50 paisa within 15 days. The petitioner deposited this amount in 4 instalments and the last such instalment was deposited on 27.02.2009. The petitioner was directed to appear before the Regional Provident Fund Commissioner and he then determined the employees' provident fund contribution dues for the period from May, 1998 to September, 2008. The petitioner produced the original pay register. The authorities kept xerox copies of the same and returned the original to the petitioner. Thereafter, demand notice was issued to the petitioner asking him to deposit a sum of Rs.5,15,241/- and a sum of Rs.3,21,352/- as interest up to 21.8.2009. The petitioner filed an application for review of this order which has been rejected. Hence the present petition.