Decided on June 28,2006

STATE Respondents


- (1.) PETITIONERS grievance is that on 21. 6. 2006 respondent/department issued a notice under No.JK/K -2497 - 90 asking him to deposit Rs. 98,632/= on account of contributions to workers Provident Fund and admission charges etc. within fifteen days therefrom whereafter the matter would be referred to the Collector for appropriate action under law.
(2.) IT appears that prior to institution of this petition the petitioner has instituted a civil suit which was rejected by the Civil Court for want of jurisdiction whereafter he instituted a writ petition which was withdrawn with liberty to file a fresh one if need arose and that is how he has approached the Court now.
(3.) THE grievance projected is that aforesaid notice has been passed without conducting the requisite inquiry as envisaged under section 8 -A of Provident Fund Act 1961 (hereinafter to be referred to as "the Act") and was accordingly liable to be quashed. During course of submissions at bar, learned counsel while canvassing the matter has also stated that after issuance of impugned notice the respondent/department has not issued any other notice to him. I have heard learned counsel and considered the matter. Under section 8 -A of the Employees Provident Fund Act, 1961, the authorized Officer may determine the amount due from an employer under any of the provisions of the Act or Scheme formulated thereunder after conducting such requisite inquiry as may be deemed proper but only after giving such employer a reasonable opportunity of representing his case before him. For benefit, the relevant provisions of said Section may be quoted herein below: "Sec. 8 -A: Determination of moneys due from employers: (1) Any Officer authorized by the Government in this behalf may, by order, determine the amount due from any employer under any provision of this Act or the Scheme and for this purpose may conduct such inquiry as he may deed necessary. (2). xx xx xx (3). No order determining the amount due from any employer shall be made under sub -sec. (1), unless the employer is given a reasonable opportunity of representing his case. (4). xx xx xx" ;

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