HOTEL JAMMU INTERNATIONAL Vs. STATE OF J&K

JUDGEMENT

(1.) CALLING in question Deputy Provident Fund Commissioners Communication No. DPFC/J/C/711/882 -83 dated 24.05.2001 requiring it to deposit Rs.

(2.) ,34,000/ - as Provident Fund Contributions, Hotel International Jammu, the petitioner, has filed this writ petition seeking its quashing besides issuance of a direction to the respondents to consider its representation which it had made on June 19, 2001 before requiring it to pay provident fund contributions. 2. Notice issued by Deputy Provident Fund Commissioner, Jammu has been assailed by the petitioner on the ground that in the absence of any inspection of the Hotel having been carried out and opportunity of hearing provided to it, issuance of notice impugned in the writ petition was unsustainable. Petitioner says that it had deposited its statutory Provident Fund Contributions until November, 1999 when the Hotel became non -functional because of the additions and alterations which were to be carried out so as to renovate the Hotel for its proper functioning, And because of the non -functioning of the Hotel, most of the employees had left the job. Petitioners further grievance projected in the writ petition is that representation made by it in this behalf was not considered by the respondents before issuing the impugned notice directing it to pay the provident fund contributions.

(3.) GRIEVANCE projected in the writ petition, in nut -shell, therefore, is that the Deputy Provident Fund Commissioner, Jammu had erred in issuing the impugned Notice without considering its representation, thereby depriving it of its statutory right to seek consideration of its representation.