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2025 DAILYLAW 158834 (ALL)

M/S AMBIKA CONSTRUCTION THRU. PROPRIETOR AMBIKA PRASAD v. REGIONAL PROVIDENT FUND COMMISSIONER-II, LKO AND ANOTHER

WRIC/8066/2025 · 2025-08-26

Pankaj Bhatia

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8066 of 2025 Court No. - 6 HON'BLE PANKAJ BHATIA, J. 1. Heard the counsel for the petitioner and Sri Ajit Kumar Dwivedi, the counsel for the respondents. 2. The present petition has been filed by the petitioner alleging that the order under Section 7-A of the U.P. E.P.F. Act was passed without according any hearing and the consequent orders for recovery have been issued. 3. It is argued that the original order was never served upon the petitioner, as such, even the appeal could not be preferred. 3. My attention is drawn to the order passed under Section 7-A, wherein it was mentioned that no written statement was filed by the establishment and thus, it was inferred that the establishment had nothing more to say and was only seeking adjournment to delay the proceedings, which cannot be postponed. 4. In the light of the said, submission of the counsel for the petitioner is that no adjournment was ever sought and there is no material to suggest that any adjournment was sought. He further draws my attention to the order which records that the parties have been heard patiently and after going to the contention of both the parties, the conclusion was recorded. The counsel for the petitioner states that on the one hand it has been Versus Counsel for Petitioner(s) : D.P. Dutt Tiwari, Mohmmed Tariq Counsel for Respondent(s) : Akhilesh Pratap Singh M/S Ambika Construction Thru. Proprietor Ambika Prasad .....Petitioner(s) Regional Provident Fund Commissioner-Ii, Lko And Another .....Respondent(s) written that nobody appeared for establishment whereas on the other hand, it has been mentioned that both the parties have been heard, which is self contradictory. 5. Irrespective of the contentions, the fact remains that the order impugned under section 7-A was passed in violation of principle of natural justice. Thus, on the said limited ground, the order dated 28.11.2024 cannot be sustained and is quashed. The petitioner establishment shall appear before the respondent no.1 on 02.09.2025 at about 12:00 Noon and shall submit a reply to the show cause notice which has already been issued. 6. In case the petitioner appears on the said date as directed above, a fresh order of determination shall be passed within a period of six weeks. 7. The order impugned as well as, the consequential action are quashed and shall be subject to the fresh order that may be passed. 8. The writ petition stands disposed off with the said observations. August 26, 2025 VNP/- WRIC No. 8066 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench