- (1.) THE present petition has been preferred mainly against an order passed by respondent no. 2 dated December 15, 2008, in a proceeding under Section 7 -A of the Employees' Provident Fund & Miscellaneous Provisions Act, 1952 (hereinafter to be referred as "the Act, 1952"), which is at Annexure 5 to the memo of petition.
(2.) IT is submitted by the learned counsel for the petitioner that respondent no. 2 has passed the aforesaid order, without giving adequate opportunity of being heard to the petitioner and though the report, given by the department, has been relied upon by the said officer, never a copy of the same was given to the present petition and, therefore, the petitioner is not knowing what is the report, given by the department to respondent no. 2 and respondent no. 2 has passed the impugned order at Annexure 5 to the memo of petition, based upon the said secret report. It is also submitted by the learned counsel for the petitioner that there is a gross violation of the principles of natural justice and, therefore, even in appeal also the same ground will be continued and the matter will have to be remanded to respondent no. 2 and, therefore, to save the time and cost, this writ petition has been preferred, so that the impugned order may be quashed and the matter may be remanded to respondent no. 2 and a fresh order may be passed by respondent no. 2, after giving copies of the documents, which may be relied upon by respondent no. 2. It is also submitted by the learned counsel for the petitioner that all the dues have now been paid by the Tata Motors Limited. I have heard learned counsel for the respondents, who has submitted that the dues of the provident fund have not been paid by the petitioner and, therefore, after holding enquiry, an order has been passed under Section 7 -A of the Act, 1952, which is at Annexure 5 to the memo of petition, and the report, given by the department, has been relied upon by respondent no. 2.
(3.) PURSUANT to the order dated April 27, 2009, passed by this Court, respondent no. 2, Guru Dayal Singh son of Mahendra Singh, Assistant Provident Fund Commissioner, Sub Regional Office, Purulia Highway, P.O. - Azadnagar, Mango, P.S. - Mango, Jamshedpur, Singhbhum (East), is present before this Court. It is submitted by him that copy of the report, which is referred in the impugned order, collected by him from the department, was never given to the petitioner and the whole order is based upon the said report.;