EMPLOYEES PROVIDENT FUND ORGANISATION THROUGH BRIJNANDAN CHOUDHARY S/O LATE KISHUN CHOUDHARY ASSISTANT PROVIDENT FUND COMMISSIONER, PATNA Vs. JANTA COLD STORAGE MAHNAR, DISTRICT VAISHALI THROUGH ITS ONE OF THE PARTNERS UDAI SHANKAR AND ORS.

JUDGEMENT

(1.) This writ petition under Art. 226 of the Constitution of India has been filed on behalf of the petitioner for quashing the order dated 15.06.2009 passed by Employment Provident Fund Appellate Tribunal, New Delhi in A.T.A. no. 281(3) of 2001 by which and whereunder Appellate Tribunal set aside the order dated 28.02.2001 passed by the Assistant Provident Fund Commissioner, Muzaffarpur under section 7A of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the Act).

(2.) Originally, this writ petition was filed for the above stated relief but during the pendency of this writ petition, I.A. no. 3185/2014 was filed praying therein for quashing the order dated 05.05.2009, contained at annexure A to the supplementary counter affidavit, passed by Employment Provident Fund Appellate Tribunal, New Delhi in A.T.A. no. 281(3) of 2001.Patna High Court

(3.) Admittedly, respondent is an Establishment covered under the Act and for the purpose of assessment of dues an enquiry under section 7A of the Act was initiated and an opportunity was given to the respondent to represent his case. Thereafter, one Mr Udai Shankar Jaiswal representing Establishment, filed a representation to this effect that the above stated Act was not applicable in respect of Establishment in question. After completion of enquiry, the Enquiry officer came to the conclusion that the Establishment was covered under the Act from March, 1988 and more than 20 workers were employed in the aforesaid Establishment. Accordingly, vide order dated 28.02.2001, Assistant Provident Fund Commissioner, Muzaffarpur directed the respondent to deposit the dues as per provision of the Act. Being aggrieved by assessment order dated 28.02.2001, respondent preferred A.T.A. no. 281(3) of 2001 before Employment Provident Fund Appellate Tribunal, New Delhi but the aforesaid A.T.A. no. 281(3) of 2001 was dismissed in default vide order dated 21.08.2007 against which restoration petition was filed which was, too, dismissed by the Tribunal vide order dated 25.02.2009. After dismissal of the above stated restoration petition, respondent filed CWJC no.2848/2008 for quashing the dismissal order dated 25.02.2009 but in the meantime, respondent filed a fresh petition for recall of the order dated 21.08.2007 and 25.02.2009 before Appellate Tribunal and the aforesaid petition was allowed by the Appellate Tribunal vide order dated 05.05.2009. Accordingly, order dated 21.08.2007 was recalled and A.T.A. no. 281(3) of 2001 was restored to its original number. After restoring A.T.A. no. 281(3) of 2001, parties were heard and A.T.A. no. 281(3) of 2001 was allowed by the impugned order dated 15.06.2009.