RAKESH TIWARI,J. - (1.) The appellants have preferred this appeal aggrieved by the judgment and order dated 23rd November, 2016, passed by learned Single Judge in W.P. No. 22477(W) of 2016, on the ground that the impugned judgment and order is vitiated by gross error of law and having regard to the facts and circumstances of the case, the impugned judgment is wrong, both on facts and in law.
(2.) Stand of the appellants is that the learned Judge failed to appreciate that statutory provisions wherein before the question of payment and/or liability of the appellants under the Employees' Provident Fund and Miscellaneous Provisions Act, 1952, in the case of contractors/sub-contractors, the provisions of sections 27, 28, 30, 31 and 32 of the Code of Civil Procedure must have to be looked into prior to determination of dues of the contractor and sub-contractors.
(3.) The crux of the stand of the appellants is that the learned Court failed to appreciate and ignored the powers vested in the aforesaid sections and without considering the same, the question of determination of dues of the contractors/sub-contractors, does not and cannot arise. However, in the instant case, learned Judge without considering the aforesaid provisions, has passed an order to the effect that the Reviewing Authority has correctly dealt with the engagement of sub-contractors under the petitioner no. 1, which is a clear case of gross violation of the principles of natural justice in view of the judgment of this Court in the case of Rajasthan State Road Development and Construction Corporation Limited v. Regional Provident Fund Commissioner and Anr.;