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2017 Supreme(Ori) 463

B.R.SARANGI
R. C. Enterprises – Appellant
Versus
Assistant Provident Fund Commissioner (Compliance), Employees Provident Fund Organization, Rourkela – Respondent


Advocates Appeared:
For the Petitioner:M/s. Sanjeev Udgata, N.C. Pattnaik, S. Udgata and A. Mishra, Advocates.
For the Opp. Parties :M/s. P.K. Mishra and S.S. Mishra, Advocates

JUDGMENT :

DR. B.R. SARANGI, J.

1. The petitioner, which is a proprietorship-firm, has filed this application to quash Annexure-1, the ex-parte order dated 15.03.2010 passed by the Asst. Provident Fund Commissioner (Compliance), Employees Provident Fund Organization in Case No. 7A/25/2008 under Sections 7-A and 7-Q of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (for short “the Act”); as well as Annexure-3, the consequential notice of demand dated 04.05.2010 issued in Certificate Case No. 54 of 2010.

2. The factual matrix of the case, in a nutshell, is that the petitioner received an ex-parte order dated 15.03.2010 passed by the Asst. Provident Fund Commissioner (Compliance) determining a sum of Rs.1,62,492/- payable towards contribution on provident fund, pension fund, insurance fund and administrative charges for the period 1/05 to 3/08 under section 7-A of the Act, and further determining an amount of Rs. 80,534/-, towards interest @ 12% per annum under Section 7Q of the Act for delay in remittance of the principal dues, the total of which comes to Rs. 2,61,938/-. In the said order, the petitioner has been directed to deposit the above amount within 15 days



















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