ASITPUR TEA PVT. LTD. Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S Bharali, learned counsel for the petitioner. Also heard Mr. N C Das, learned senior counsel assisted by Mr. A Das, learned counsel for the respondent Nos. 2 to 6 and Mr. SS Roy, learned Govt. Advocate for the respondent Nos. 1 and 7.

(2.) The Assam Tea Plantations Provident Fund and Pension Fund and Deposit Linked Insurance Fund Scheme Act, 1955 covers the present petitioner who is the owner of the Asitpur Tea Private Limited in the district of Dibrugarh. Under the said Act of 1955 a certificate U/s 15 was issued by the respondent no. 3 dated 10.10.2017 certifying that an amount of Rs. 75,41,683.07 was due from the petitioner against the P.F. contribution payable under the said Act, 1955 as arrears. Against the said certificate the petitioner through its representation dated 08.11.2017 brought to the notice of the respondent No. 3 that an amount of Rs. 23,81,277/- were paid to the retired employees against the Provident Fund dues up to 2016. Subsequent there to a notice of demand was issued by the Recovery Officer under the said Act of 1955 thereby demanding an amount of Rs. 54,00,498.75/-. The said demand notice was dated 04.01.2018. On receipt of the said notice of demand again representation was presented before the concerned authority in the month of January, 2018 thereby showing the detail deposit of the provident fund dues. In the month of January, 2018 itself as submitted by Mr. Bharali without hearing the petitioner the order of attachment of the immovable property standing in the name of the Asitpur Tea Private Limited was issued by the Recovery Officer under the Act of 1955. Subsequent to the attachment order the respondent No. 8 was appointed as the receiver vide letter dated 29.01.2018 thereby specifying the necessary action to be performed by the said receiver on behalf of the Recovery Officer. After the said attachment order an appeal was preferred by the petitioner on 31.01.2018 before the Authorised Officer, Board of Trustees, Assam Tea Employees Provident Fund Organisation. Subsequent thereto other representations were also presented before the competent authority but the same are yet to be disposed of.

(3.) Mr. Bharali submits that as the immovable property had already been attached and it is found that the respondent No. 8 had started construction of permanent nature the petitioner is apprehending that the said attached immovable property of the petitioner is going to be put on auction sale.