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DINESH PATHAK
Mahajan Carpet Village Bhatti Post Lohta District Varanasi – Appellant
Versus
Assistant Provident Fund Commissioner Varanasi – Respondent
JUDGMENT
Dinesh Pathak, J.
Heard Shri. S. S. Nigam, learned Senior Counsel assisted by Shri. Karshit Nigam, learned counsel for the petitioner, Shri. Jagdish Pathak, learned counsel for all the respondents and perused the record on board.
2. The petitioner has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India assailing the undated order passed by the Regional Provident Fund Commissioner-I, Regional Office, Varanasi (respondent no.3) under Section 7-B of the Employees' Provident Fund and Misc. Provisions Act, 1952 (in brevity 'Act, 1952') whereby review petition filed on behalf of the petitioner against the order dated 26.12.2023 passed under Section 7-A of the Act, 1952 has been rejected.
3. Facts culled out from the record are that the proceeding under Section 7-A of the Act, 1952 has been initiated against the establishment (present petitioner) to determine the quantum of dues payable by it qua contractual employees/home workers for the period since August, 2008 to January, 2019. Accordingly, summon under Section 7-A of the Act, 1952 was issued to the establishment by Reference dated 15.10.2019 to appear before the authorized office
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 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 rejection of a review application does not eliminate the right to appeal against the original order under Section 7A of the Act.
The right to be heard is fundamental; dismissal of a Review Application without a hearing violates natural justice principles.
The main legal point established in the judgment is the violation of principles of natural justice in the decision-making process and the entitlement of the petitioner to a fresh consideration of the....
The Commissioner must conduct an independent inquiry under Section 7A of the Act, ensuring compliance with natural justice principles before determining amounts due from employers.
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