- (1.) The petitioner has filed the present petition raising a grievance that its review application against the order passed under Section 7A of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (for short, 'the Act') has been dismissed vide order dated 12.9.2011 without affording opportunity of hearing to the petitioner. Learned counsel submitted that assessment of provident fund dues in the present case was made by the authority clearly in violation of the judgment of this court in CWP No. 15443 of 2009--Assistant Provident Fund Commissioner, Gurgaon v. M/s. G4S Security Services (India) Ltd. and another, decided on 1.2.2011, as was upheld by a Division Bench of this Court in LPA No. 1139 of 2011--Assistant Provident Fund Commissioner v. M/s. G4S Security Services (India) Ltd. and another, decided on 20.7.2011. Learned counsel further submitted that the assessment was made by the concerned authority vide order dated 18.7.2011, which was against the judgment of this court. The petitioner filed review immediately after receipt of the order on 7.9.2011. The same was dismissed on 12.9.2011, just after five days of its filing without even issuing notice to the petitioner. He further submitted that conduct of the officer is evident from the fact that on the same day, he started coercive steps for recovery of the amount.
(2.) Learned counsel for the respondents could not dispute the fact that notice was not issued by the authority concerned before deciding the review application filed by the petitioner.
(3.) After hearing learned counsel for the parties and considering the fact that remedy of review has been statutorily provided under section 7B of the Act; the petitioner filed review application on 7.9.2011 which was dismissed by the authority concerned on 12.9.2011 without issuing notice to the petitioner and affording opportunity of hearing mentioning that there is no sufficient ground available for review of the order, in my opinion, the order was passed in violation of the principles of natural justice and the same deserves to be set aside. Ordered accordingly. The petitioner shall now appear before the Regional Provident Fund Commissioner-II on 10.12.2012 for further proceedings in the review application filed by it. The petition stands disposed of.;