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2021 Supreme(Ker) 913

BECHU KURIAN THOMAS
Hotel Sagar – Appellant
Versus
Regional Provident Fund Commissioner-I – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.B.ASHOK SHENOY, SRI.C.B.MUKUNDAN, SRI.P.S.GIREESH, SRI.ARJUN R NAIK
For the Respondent: ABRAHAM P.MEACHINKARA, SC

JUDGMENT :

Petitioner's request for an opportunity for cross-examining the enforcement officer through physical mode rather than through virtual mode and for the physical mode of hearing was declined by the Regional Provident Fund Commissioner in proceedings under section 7-A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (for short the EPF Act).

2. Petitioner contends that cross-examining the enforcement officer through virtual mode is practically ineffective and would not serve the purpose, especially in the light of the voluminous nature of information and materials to be confronted with in the instant case, and will practically amount to infringing his rights under the principles of natural justice. It was argued that this was a fit case to permit a physical mode of cross-examination and hearing.

3. In the statement filed on behalf of the respondent, it is pleaded that the issue arises under section 7-A of the Act pursuant to an order of remand from the Central Government Industrial Tribunal Cum Labour Court, Ernakulam. It was further averred that petitioner’s request to have a physical mode of cross-examination and hearing was denied, based upon the dire

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