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GIRISH KATHPALIA
Panchshila Cooperative House Building Society – Appellant
Versus
Assistant Provident Fund Commissioners – Respondent
JUDGMENT :
1. The fulcrum of this writ action is on the question as to whether the Review Application filed under Section 7B of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 can be dismissed by the Competent Authority without granting a hearing to the review applicant. I have heard learned counsel for both sides.
2. Briefly stated, the circumstances leading to the present petition are as follows. The petitioner, a registered cooperative society running Panchshila Club was found allegedly in default of provisions of the Act, which led to an inspection carried out by the Enforcement Officer through Shram Suvidha Portal to verify the compliance. The Enforcement Officer proceeded to propose an enquiry under Section 7A of the Act against the petitioner for the period from April, 2016 to July 2016. On the basis of the said enquiry, the present respondent no.1 passed order dated 18.12.2018, thereby determining the liability of the petitioner to pay Rs. 81,947/- as provident fund dues for the said period. Against order dated 18.12.2018, the petitioner preferred a Review Application under Section 7B of the Act. The said Review Application was dismissed by the Competent
The right to be heard is fundamental; dismissal of a Review Application without a hearing violates natural justice principles.
The main legal point established is that orders passed under Section 7-A of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 are appealable under Section 7-I, and the power of re....
The court emphasized that review applications under the Act must afford an opportunity for hearing to the aggrieved party, reinforcing principles of natural justice.
The rejection of a review application does not eliminate the right to appeal against the original order under Section 7A of the Act.
Limited scope for interference in a review application and the supervisory nature of a writ of certiorari
A Tribunal can recall procedural orders to ensure justice, while substantive reviews require explicit statutory authority, as clarified in the Employees' Provident Funds Act.
The duty of the principal employer to provide details of employees' provident fund, the necessity of contractors as parties for adjudicating disputes, and the importance of granting a proper hearing ....
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