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M/S H.P. Children'S Academy v. Regional Employees Provident Fund Commission-Iind & Others - WRIT - C No. - 41958 of 2007 [2007] RD-AH 14928 (3 September 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Ashok Bhushan, J.

Heard counsel for the petitioner and Sri Amit Negi appears for respondents No. 1 and 2.

By this writ petition the petitioner has prayed for quashing the recovery order dated 19.7.2007 passed under Section 7Q as well as the order dated 19.7.2007 Under Section 14B of the Employees Provident Fund & Miscellaneous Provisions Act, 1952. The order indicates that the notices were issued and several dates were fixed but the petitioner neither appear in person nor through authorised representative. On four dates one Sujeet Kumar and S. M. Ali appeared and prayed for time for verification of statement. Further, they appeared and prayed for time. After the order was passed on application titled Recall/review filed by the petitioner dated 3.8.2007 addressed to the Regional Commissioner - II, Employees Provident Fund Organisation, Gorakhpur. It has been stated in the affidavit that the representatives who appeared on behalf of the Management were not well versed with the Employees Provident Fund & Miscellaneous Provisions Act.

It has been stated in the application praying for recall that for a period of three years protection was required. The petitioner is educational institution. The petitioner's case is that the application of the petitioner praying for recall and review is pending and has not yet been decided. Learned counsel for the petitioner prays that the respondents be directed to consider this application and take an appropriate decision. In view of the fact that the application dated 3.8.2007 is said to be pending ends of justice be served in directing the respondent no. 1 to consider and take appropriate decision thereon. It is made clear that this Court is not expressing any opinion on the merits of the case and it is for the respondent no. 1 to consider and take appropriate decision in accordance with law expeditiously preferably within a period of two months from the date of production of a certified copy of this order.

Till the applications are disposed of the recovery shall be kept in abeyance.

With the above directions the writ petition is disposed of.




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