C.S.P.Singh, J. - (1.) This is a petition under Article 226 of the Constitution by one of the partners of the erstwhile New Janta Goods Transports Company, challenging the proceedings for recovery of Provident Fund dues under the Employees' Provident Funds Act, 1952 (hereinafter referred to as the Act) .
(2.) The petitioner is one of the partners of the firm which carried on the business of transport. It is alleged that the firm was constituted on 1st December, 1965 and was dissolved on the 31st October, 1968. It appears that the provident fund dues were not being paid by the firm and accordingly, a notice dated 17th October, 1969 was issued by the Regional Provident Fund Commissioner, U.P., calling upon the employers to appear on the 6th November, 1969 in connection with an enquiry for determining the provident fund payable. The dues in respect of which the notice was given was for, a period from June, 1968 to July, 1969. This notice was sent by post and was returned with the report of the postman that the firm had come to an end as such the notice was being returned. No further notice was sent or sought to be served upon the firm or any of its partners, and subsequently an order was passed by the Regional Provident Fund Commissioner under Sec. 7-A of the Act imposing an amount of Rs. 1755.25 P. only as dues payable under the Act. Subsequently, a letter dated 5th December, 1969 was sent by the Regional Provident Fund Commissioner U.P., to the Collector Agra for recovery of a total amount of Rs. 18,121.20 from Messrs Janta Transport Company as arrears of land revenue.
(3.) The petitioner filed an objection before the Additional Collector, Agra, against the recovery but it appears that the objection was not disposed of and the Additional Collector only kept on granting time to the petitioner to bring a stay order from the Regional Provident Fund Commissioner. According to the petitioner, he also made a representation to the Regional Provident Fund Commissioner on the 15th January, 1970 (Annexure "F' to the petition) challenging the imposition. This representation according to the case set up by the respondents was not received. No orders having been passed on that representation, the petitioner thereafter moved this court by way of the present petition challenging the impugned imposition and demand of Provident Fund.;