VIKRAM PODDAR Vs. REGIONAL PROVIDENT FUND COMMR

JUDGEMENT

(1.) In this application, the petitioner, one of the erstwhile Directors of the employer, has challenged an order, dated September 1, 2000, passed by the Recovery Officer, West Bengal, pursuant to notice of show cause issued upon the petitioner for recovery of the Provident Fund dues of the employer concerned. This writ application has been disposed of before asking the respondents to file affidavit because Sri Gupta appearing on behalf of the respondents has produced the entire case record.

(2.) Sri Bhanja Chowdhury, the learned advocate appearing on behalf of the petitioner has, firstly, contended that the entire recovery proceeding was illegal inasmuch as the same was not preceded by any valid order under Section 7-A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, nor was any notice served upon the petitioner prior to the passing of such order.

(3.) From the record produced before this Court, it appears that already an order under Section 7-A of the Act has been passed and the company was represented by its authorised agent.