ALTAMAS KABIR, J. - (1.) This appeal is directed against the summary rejection of the writ petition filed by the appellants, inter alia praying for quashing of the various complaint cases set out in prayer (a) thereto and pending before the learned Chief Judicial Magistrate, Barasat.
(2.) On behalf of the appellants it was urged by Sri Sukumar Bhattacharjee that all the complaints filed on behalf of the Regional Provident Fund Commissioner, West Bengal, were incompetent as the same was based on adjudications said to have been made under Section 7-A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, but in respect whereof no notice had been served on the appellants, It was urged that since the Section 7-A proceedings had been conducted behind the back of the writ petitioners, the same stood vitiated and all proceedings taken on the basis of such unlawful adjudication also stood vitiated and were liable to be quashed.
(3.) In this connection, reference was made to a Single Bench decision of the Madras High Court in Ramanujam Press v. Regional Provident Fund Commissioner, Madras, AIR 1970 Mad 224, wherein the orders passed consequent to the adjudication under Section 7-A of the aforesaid Act were quashed as the employer was not given an opportunity to represent his case in the Section 7-A proceedings.;