PROVIDENT FUND COMISSIONER Vs. DENA BANK MANAGER

JUDGEMENT

(1.) This petition is filed by the Provident Fund Commissioner challenging orders dated 22.11.2006 and 8.12.2006 passed by the learned Recovery Officer, Debts Recovery Tribunal, Ahmedabad in Recovery Proceedings No.1329 in O.A. No. 268/2001. The said orders are questioned on the ground that same are contrary to provisions of Section 11(2) of the Employees' Provident Fund Act("the Act" for short). The petitioner has further prayed for a direction to respondent no.3 i.e. the Recovery Officer, Debts Recovery Tribunal, Ahmedabad to reconsider the objections lodged by the petitioner and to pass further orders after taking into account such objections.

(2.) Shortly stated, facts leading to the petition are that there are unpaid Provident Fund dues of respondent no.2 company. According to the petitioner, such unpaid provident fund dues form first charge over the movable and immovable properties of the respondent company.

(3.) On 8.12.2006, the said officer permitted the bank to sale the property and authorised the above officer to make proclamation of the sale. These orders dated 22.11.2006 and 8.12.2006 passed by the Recovery Officer, Debts Recovery Tribunal, Ahmedabad in Recovery Proceedings No.1329 in O.A. No. 268/2001 are under challenge in the present petition.