BARBATI GAS Vs. REGIONAL PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) THE petitioner has filed this writ application challenging the order dated August31, 1999 passed by the Asst. Provident Fund commissioner on behalf of the Regional provident Fund Commissioner under annexure-2 by which he has recalled his earlier speaking order communicated vide letter dated june 9, 1999.

(2.) CASE of the petitioner is that on July 31, 1995 the opposite party issued a notice against the petitioner for the purpose of inquiry under section 7-A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. Since the inquiry could not be concluded within two years, the case was transferred to the Asst. Provident Fund Commissioner, who, after inquiry and verification of documents, passed the speaking order on August 1, 1998, which was ratified by the Regional Provident commissioner. On June 9, 1999, said speaking order was communicated to the petitioner. On august 31, 1999, the petitioner received a letter from the Asstt. Provident Fund Commissioner intimating that the speaking order communicated vide letter dated June 9, 1999 was recalled. In the said letter, it was further directed that the petitioner should appear before the Regional Provident Fund Commissioner E and R on September 16, 1999 with relevant documents and papers in connection with applicability of the Act. Against that order, the petitioner has preferred this writ application.

(3.) MR. Mohapatra, counsel for the petitioner submitted that once the said speaking order Annexure-1 has been ratified by the regional Provident Fund Commissioner after going through the entire case record, it cannot be reopened. He also submitted that the impugned order dated August 31, 1999 does not carry any reason. Therefore, it is not sustainable in the eye of law. It is nothing but harassment meted out to the petitioner. Moreover, the Act does not permit recall; of any order after being ratified by the Regional Provident Fund commissioner. In support of his contentions, he relied upon the decision in Eastern Stores, madras v. Regional Commissioner, Provident funds, Madras and Pondicherry States 1974 lab. I. C. 699 (V. 7c 154 ).