SAHIL CONSTRUCTION COMPANY Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this writ application the petitioner M/s. Sahil Construction Company has prayed for quashing the order dated 8.2.2000 as contained in Annexure 2 to the writ application passed by respondent No. 2. Assistant Provident Fund Commissioner, Ranchi whereby the review application filed by the petitioner under Section 7B of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 has been rejected.

(2.) PETITIONER is a construction company and several persons are under its employment. It is stated that petitioner received an ex parte order dated 18.6.1999 passed by respondent No. 2 under Section 7A of the said Act determining the liability of the petitioner under the Provident Fund Act. After receiving the said order, petitioner filed application under Section 7B of the said Act for review of the order dated 18.6.1999. It is alleged that all of a sudden the respondent rejected the said application by order dated 8.2.2000 and directed the petitioner to deposit a sum of Rs. 1,76,020/ - within 15 days.

(3.) IN the counter -affidavit filed by the respondents, it is stated that the petitioner during proceeding under Section 7A never appeared either through his employer or through any representative although several opportunities were given, petitioner also did not persue his review application rather kept mum after filing the said application. Respondents further case is that petitioner is covered establishment and on its own application was made for the registration and code number for purpose of payment of provident fund amount.