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2023 Supreme(Gau) 882

MANISH CHOUDHURY
DIMS Hospital, rep. by Its Managing Director Dr. Tarini Kanta Sarma – Appellant
Versus
Union Of India, rep. By Its Secy. To The Govt. Of India, Ministry Of Labour – Respondent


Advocates Appeared:
For the Petitioners: Mr. A. Dhar.
For the Respondents: Mr. P.K. Roy, Ms. N. Dutta.

JUDGMENT :

1. By invoking the extra-ordinary jurisdiction under Article 226 of the Constitution of India, the writ petition has been preferred challenging three orders, that is, [i] Order dated 21.07.2009; [ii] Order dated 08.09.2010; & [iii] Order dated 03.07.2012 passed by the respondent authorities in the Employees Provident Fund Organization [EPFO].

2. The Order dated 21.07.2009 was an Order passed after conclusion of an inquiry proceeding under Section 7A of the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 whereby the respondent EPFO authority empowered thereunder, had found an amount of Rs. 8,00,265/- due from the petitioner no. 1, M/s DIMS Hospital as dues under the Employees Provident Funds & Miscellaneous Provisions Act, 1952 for the period from May, 2004 to February, 2009. By the Order dated 08.09.2010, a direction was given to the respondent no. 3 to recover an amount of Rs. 7,61,796/-from the petitioner no. 1. The said Order was in the nature of a Prohibitory Order passed by the Recovery Officer, EPFO purportedly under Section 7Q of the Employees Provident Funds & Miscellaneous Provisions Act, 1952. By the Order dated 03.07.2012, the petitioner no. 2

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