ANIRUDDHA BOSE,J. - (1.) This writ petition is being taken up for hearing at this stage only on consent of the learned Advocates appearing for the parties without calling for any affidavit.
(2.) The petitioners challenge an order made under Section 7A of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 assessing certain dues under the heads of unpaid contribution and interest. There is an observation in the order that the employer, being the petitioners herein, are required to pay damages under Section 14B of the Act but no sum as damages has been quantified.
(3.) Mr. Majumdar,learned Counsel appearing for the petitioner assails the impugned order on the limited ground that in the said order, the issuing authority, being the Assistant Provident Fund Commissioner had considered the report of the Enforcement Officer but the said report was not made available to the petitioners. From the order itself, I find that the Provident Fund authorities have primarily relied on the report while assessing the dues of the petitioners.;