CHANDRA MOHAN GUPTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present writ petition has been preferred mainly for the reason that because of order passed by Assistant Provident Fund Commissioner, Ranchi dated 23rd December, 2008 as well as the order passed at Annexure -5 dated 3rd February, 2009, without giving any opportunity of being heard to the petitioner, the order under Section 7A of the Employees Provident Fund and Miscellaneous Provision Act, 1952, and it is also submitted by learned Counsel for the petitioner that even an application has also been preferred on 2nd of January, 2009 for quashing and setting aside of the ex -parte order passed under Section 7A of the Act, 1952 but, the same has not yet been decided by the concerned respondent officer and hence, the orders at Annexures - 4 and 5, deserve to be quashed and set aside.

(2.) HAVING heard learned Counsel for both the sides and looking to the facts and circumstances of the case, it appears that:

(3.) DURING the pendency of the hearing of the petitioner and till the conclusion is arrived at or decision is taken by respondent No. 3 against the petitioner, under Section 7A of the Act, 1952, no coercive action shall be taken by the respondents upon petitioner for the aforesaid subject matter. Annexures - 4 and 5 will also be kept in abeyance, till the final decision will be taken by respondent No. 3.