M/S GAURAV HERBAL UDYOG v. REGIONAL PROVIDENT FUND COMMISSIONER AND 2 OTHERS
WRIC/3249/2025 · 2025-04-15
Prakash Padia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11492 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11492 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:56060 Court No. - 33 Case :- WRIT - C No. - 3249 of 2025 Petitioner :- M/S Gaurav Herbal Udyog Respondent :- Regional Provident Fund Commissioner And 2 Others Counsel for Petitioner :- Jamal Ahmad Khan Counsel for Respondent :- Sunil Kumar Gupta,Jagdish Pathak Hon'ble Prakash Padia,J.
1. List of fresh cases has been revised but nobody is present on behalf of the petitioner though Sri Sunil Kumar Gupta, learned counsel for the respondents is present.
2. The petitioner has preferred the present petition with the following prayer:- i. Issue, writ order or direction in the nature of Certiorari quashing the impugned exparte order dated 14/05/2024 passed respondent no. 2 Assistant Provident Fund Commissioner Smt. Lalita Bajaj U/S 7-A of the Employees Provident Fund (Misc. Provisions Act 1952) amounting to Rs.40,86,011/, quantifying the amount of Provident Fund dues for the period 09/2011 to 06/2019 (Annexure No 1) to the writ petition, ii. Issue a writ order or direction in the nature of mandamus commanding the respondent no 2, to recall the exparte order dated 14/05/2024 and further hear and decide the recall application dated 13/12/2024 (Annexure no 2) filed by the petitioner before respondent no. 2 on 13/12/2024 and conduct the enquiry as contemplated U/S 7-A of the Act of 1952 and further grant the opportunity of hearing to the petitioner and permit the petitioner to produce the document and facts and pass the reasoned and speaking orders only after making the enquiry of the records. iii. Issue any other writ order or direction in the nature of mandamus commanding the respondent authorities, not to take any coercive action against the petitioner in pursuance to the impugned order dated 14/05/2024 (Annexure number 1).
3. Today when the matter is taken up, a preliminary objection has been raised by Sri Sunil Kumar Gupta, learned counsel for the respondents that against the aforesaid order, statutory alternative remedy is available to the petitioner to file appeal before the Appellate Authority under section 7(i) of the Employees' Provident Funds & Miscellaneous Provisions Act, 1952.
4. Since nobody is present on behalf of the petitioner even in the revised call,the
petition is dismissed in default. Order Date :- 16.4.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad