( 1 ) BY filing this writ, the petitioner has challenged the order dated November 23, 2000 (Annexure P4) and other consequential orders such as order dated December 1, 2000 (Annexure P5) and order dated April 11, 2001 [annexure P9 (c)]. All these orders which are impugned in this writ are passed by Recovery officer under Section 8-F (3) of Employees' provident Funds and Miscellaneous Provisions act, 1952. In order to appreciate the issue involved in the writ, few facts need mention.

( 2 ) RESPONDENT No. 3 is a limited company engaged in manufacture of Cloth business. It is a factory as defined under Section 2 (g) of employees' Provident Funds And Miscellaneous act, 1952 (for brevity hereinafter referred to as "the Act") and hence, subjected to payment of contribution payable in respect of a Member (employee) under a Scheme framed under the act as per the provisions of the Act at all relevant times.

( 3 ) IT appears that respondent No. 3 failed to contribute the contribution payable under the act and thus, became a defaulter for different periods such as 3/84 to 5/90, 2/91 to 2/94, 2/93 to 11/94, 12/94 to 1/95, totalling an amount of rs. 2,63,933/ -. Despite notice of