K.S.Saiju vs The Asst.Provident Fund … on 6 December, 2006

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 9934 of 2002(G)


1. K.S.SAIJU, PROPRIETOR,
                      ...  Petitioner

                        Vs



1. THE ASST.PROVIDENT FUND COMMISSIONER,
                       ...       Respondent

                For Petitioner  :SRI.GRASHIOUS KURIAKOSE

                For Respondent  :SRI.N.N. SUGUNAPALAN, SC, P.F.

The Hon'ble MR. Justice KURIAN JOSEPH

 Dated :06/12/2006

 O R D E R
                            KURIAN JOSEPH, J.

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                         O.P.No.9934  of  2002

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                     Dated 6th    December,  2006.


                              J U D G M E N T

Petitioner is aggrieved by the proceedings initiated

against him under the provisions of the Employees’ Provident

Funds and Miscellaneous Provisions Act, 1952. Against the

impugned Section 7A proceedings, the petitioner had submitted

Ext.P3 review petition. The main grievance is that the review

petition was disposed of without affording an opportunity for

hearing. That no opportunity was granted at the time of review is

not in serious dispute also. The contention of the learned senior

counsel appearing for the respondent is that since the petitioner

had not utilised the opportunity given to him at the stage of

Section 7A proceedings, it was not thought fit to grant any

opportunity to the petitioner at the time of review. I am afraid,

the stand cannot be justified. Even assuming that the petitioner

had not turned up and cooperated with the enquiry, since the

petitioner was pursuing the statutory remedy of review under

Section 7B of the Act, he should have been given an opportunity

for hearing and also an opportunity to adduce necessary

OP NO. 9934/02 2

evidence. Accordingly, I quash Ext.P4 and the consequential

Ext.P5. There will be a direction to the respondent to consider the

review petition after affording an opportunity to the petitioner to

adduce evidence and an opportunity for hearing and pass

appropriate orders in accordance with law, within a period of four

months from the date of production of a copy of the judgment.

The writ petition is disposed of as above.

KURIAN JOSEPH, JUDGE.

tgs

KURIAN JOSEPH, J

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O.P.No.9934 of 2002 (G)

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J U D G M E N T

Dated 6th December, 2006.