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K. LAKSHMAN
GVK EMRI – Appellant
Versus
Employees Provident Fund Organization EPFO – Respondent
ORDER:
Heard Sri G.Vidhya Sagar, learned Senior counsel, representing Sri Sai Prasen Gundavaram, learned counsel for the petitioner and Sri G.Venkateshwarlu, learned Standing Counsel appearing for respondents.
2. This Writ Petition is filed to quash the impugned proceedings dated 22.06.2022 issued by 1st respondent vide proceedings No.TS/RO/KKP/7B/Z-VI/51616/2022-23/1738, as illegal.
3. 1st respondent has initiated enquiry under Section 7(A) of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (for short, ‘the Act’) against the petitioner Institution. He has passed an order dated 20.04.2022 under Section 7(A) of the Act, holding that the petitioner herein is liable to pay dues to the tune of Rs.8,08,58,888/- and the special allowance and Shift Spread Over Allowances as extended by the petitioner to its employees from April, 2014 to October, 2018 constitute basic wage and are subject to EPF contributions. The petitioner herein had filed review petition under Section 7(B) (1) of the Act seeking to review the aforesaid order dated 20.04.2022 passed under Section 7(A) of the Act. Vide order dated 22.06.2022, 1st respondent had rejected the aforesaid review application f
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....
A review application under Section 7B of the Employees’ Provident Funds and Miscellaneous Provisions Act requires adherence to specific criteria even after an appeal.
The main legal point established in the judgment is the distinction between the provisions of Section 7B of the EPF Act, emphasizing the requirement of opportunity of hearing only under Sub-Section (....
A review petition under Section 7B of the EPF & MP Act is not a de novo hearing; it requires the applicant to establish specific statutory grounds such as discovery of new evidence or error apparent ....
Remand for fresh adjudication under EPF Act Sections 7A/7B due to failure to consider petitioner's documents and payments.
The rejection of a review application does not eliminate the right to appeal against the original order under Section 7A of the Act.
Review Application - Provisions of section 7-B of Act specifically provides for review and same will have to be decided after issuing notice to review petitioner and all concerned parties and obvious....
The court emphasized that review applications under the Act must afford an opportunity for hearing to the aggrieved party, reinforcing principles of natural justice.
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