LAWS(CAL)-2012-2-168

MS. EASTERN REFRIGERATION & ELECTRICAL COMPANY & ANR. Vs. ASSISTANT PROVIDENT FUND COMMISSIONER & ORS.

Decided On February 13, 2012
Ms. Eastern Refrigeration And Electrical Company And Anr. Appellant
V/S
Assistant Provident Fund Commissioner And Ors. Respondents

JUDGEMENT

(1.) Affidavit of service filed in Court today be kept on record.

(2.) In this writ petition, petitioners challenge the legality of an order passed by the Assistant Provident Fund Commissioner on 7th July, 2011 quantify the dues of the petitioners to be a sum of Rs. 6,43,718/-. The petitioners had filed an application under Section 7B of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 seeking review of the order dated 7th July, 2011, which was passed under Section 7A of the Act, and the review petition was also dismissed by an order passed on 23rd September, 2011. The petitioners in this proceeding have also challenged the legality of the order passed by the reviewing authority.

(3.) It appears from the impugned order that the Enforcement Officer had filed the report indicating that the amount of Rs. 68,520/- is duly from the petitioners. In Course of hearing however the petitioners dues have been found to be Rs. 6, 43,718/-. The justification of enhancement of the sum as dues, as submitted by the learned Counsel for the provident fund authorities, is that on production of records by the petitioners the hearing officer made computation and came arrived at the aforesaid figure.