High Court Jharkhand High Court

New Ajanta Hotel vs Union Of India (Uoi) And Ors. on 7 October, 2002

Jharkhand High Court
New Ajanta Hotel vs Union Of India (Uoi) And Ors. on 7 October, 2002
Author: S Mukhopadhaya
Bench: S Mukhopadhaya


ORDER

S.J. Mukhopadhaya, J.

1. The petitioner has challenged the order dated 12/14 June, 2002 passed by the Assistant Provident Fund Commissioner, Jharkhand, Ranchi, whereby and whereunder, petition for review against the order dated 24th of April, 2002 passed under Section 7-A of the EPF and MP Act, 1952 has been rejected.

2. The petitioner was also directed to pay the assessed amount of Rs. 43,823/-(Forty three thousands, eight hundreds and twenty three).

3. The case was taken up on 30th August, 2002 when the Court passed the following order :–

“Counsel for the respondents is granted three weeks’ time to file counter affidavit.

Place this case for admission on 7th October, 2002 within ten cases.

In the meantime, if the petitioner deposits a sum of Rs. 22,000/- (Twenty two thousand) within 15 days, the respondents will not take any coercive step against the petitioner in pursuance of order dated 12/14 June, 2002.”

It appears that the petitioner earlier moved against the order passed under Section 7-A in WP (S) No. 23.93 of 2001. In the said case on the opposition made by the counsel for the respondents, counsel for the petitioner sought permission to withdraw the writ petition to prefer objection before the concerned authority.

4. The Court vide order dated 30th June, 2001 directed the competent authority to decide the objection, if preferred by petitioner, within fifteen days by a reasoned order.

5. The counsel for the petitioner submitted that a sum of Rs. 22,000/- (Twenty two thousands) has already been deposited by petitioner as per Court’s order dated 30th August, 2002.

6. There is no counter affidavit on the record to suggest that the respondents controverted the statement made by petitioner.

7. It will be evident from the letter No. 825, dated 12/14 June, 2002 that is anon-speaking order. No ground is given to reject

the claim to petitioner though the Court earlier directed to pass a reasoned order.

8. In the aforesaid background, the order contained in letter No. 825, dated 12/14 June, 2002 is set aside. The case is remitted to the Assistant Provident Fund Commissioner, Jharkhand, Ranchi with direction to pass a reasoned order preferably within two months on the review petition preferred by petitioner.

9. The writ petition stands disposed of with aforesaid observation and direction.