LOHARDAGA CHARITABLE URSULINE SOCIETY Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. S. Choudhary, learned counsel for the Petitioner and Mr. P. P. N. Roy, learned counsel appearing for the 'Respondents. .

(2.) THE Petitioner, in the instant case, has prayed for quashing of Annexure 3, the order dated 19 -10 -1994 by which the Respondent No. 2 (Assistant Provident Fund Commissioner) has levied a sum of Rs. 1,87,019.00 as Provident Fund contribution in respect of employees employed with the Urusuline Hospital at Lohardaga.

(3.) THE first point in relation to the impugned order being ex parte does not find favour with this Court inasmuch as from a perusal of the impugned order itself it will be apparent that notices were issued but there was no response whereafter summons were also issued giving opportunity to the establishment to produce records, but that was also not attended to. One Sister Blanche represented the establishment, but did not produce any record. The impugned order also would show that she had submitted written argument but did not produce the original registers etc. despite number of opportunities having been given. In that view of the matter, it cannot, strictu sensu, be said that the order was passed ex parte.