NFI LTD. Vs. R.P.F. COMMISSIONER

JUDGEMENT

(1.) The learned counsel for the respondents raised a preliminary objection re-maintainability of the petition. It is submitted that this writ petition is directed by the petitioner against the show cause notice and it is not maintainable.

(2.) The learned counsel for the petitioner in contra relying on the decision of the Apex Court reported in (1) (2001) 8 SCC 291, contended that this writ petition is maintainable. It is next contended that the matter under the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred as the Act, 1952) has been decided finally and same could not have been re-opened at the instance of the very complaint. This re-opening of the matter is without jurisdiction and this petition is maintainable.

(3.) I have given my thoughtful consideration to the submissions made by the learned counsel for the parties.