THE PROVIDENT FUND COMMISSIONER Vs. NISHEETH JAISWAL

JUDGEMENT

(1.) Feeling aggrieved by the judgment and order dated 24th November, 2011 passed by the learned single Judge in CWJC No. 13666 of 2009, the respondent-Employees Provident Fund Organization has preferred this Appeal under Clause 10 of the Letters Patent. Feeling aggrieved by the order dated 9th July, 2009 made by the Assistant Provident Fund Commissioner, Patna in exercise of power conferred by Section 8-F(3)(i) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as 'the Act') the debtor of the writ petitioner one Neeraj Agrawal was called upon to remit monthly rent of Rs. 1,00,000/- to the Provident Fund Office against the outstanding dues of Rs. 3,97,456/- of the writ petitioner. The said order was challenged by the writ petitioner under Article 226 of the Constitution in above CWJC No. 13666 of 2009.

(2.) The petition was contested by the appellants. The appellants filed counter affidavit and brought order dated 28th September, 2004 and 28th September, 2007 made under Section 7-A of the Act. According to the appellants, pursuant to the aforesaid orders made under Section 7-A of the Act the above referred sum of Rs. 3,97,456/- was the outstanding dues of the Employees Provident Fund. Although, the writ petitioner had not challenged either of the aforesaid orders dated 20th September 2004 and 28th September 2007, the learned single Judge has, while examining the garnishee order under challenge, set aside the above referred orders dated 20th September, 2004 and 28th September, 2007 made under Section 7-A of the Act. Therefore, this Appeal.

(3.) Learned Advocate Mr. Vikas Kumar has appeared for the respondent-writ petitioner. He has submitted that the writ petitioner was not aware of the aforesaid order dated 28th September, 2007 nor he had opportunity to contest the proceeding initiated under Section 7-A of the Act.