M/S.. Hotel Anmol Continental, v. The Assistant Provident Fund Commissioner

THE HON'BLE SRI JUSTICE S.V. BHATT Writ Petition No.32960 of 2012 ORDER:

Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent.

The petitioner assails notice under Section 14-B of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (for short 'the Act'). The impugned notice is issued under Section 14-B of the Act. The Employees' Provident Fund Appellate Tribunal, New Delhi, through order dated 11-05-2009, has set aside the order dated 04-09-2007. It is in this context, the learned Standing Counsel places on record, the order No.AP/53235/P.D Cell/RO/Hyd/T1/2013, dated 20-032013. Through the order dated 20-03-2013, the Assistant Provident Fund Commissioner (PD) has dropped the enquiry initiated under Sections 14B and 7Q of the Act, in File No. AP/53235/P.D Cell/RO/Hyd/T1/2013. In view of the dropping of proceedings, the cause of action for the present does not survive. The learned Standing Counsel further submits that at the time of enquiry under Section 7-A of the Act, the procedure stipulated by law is followed and the order dated 04-03-2014 has been passed.

Having regard to these developments, the writ petition is dismissed, leaving it open to the petitioner to work out the available remedies against the latest order, in accordance with law. The miscellaneous petitions filed in the writ petition shall also stand disposed of. There shall be no order as to costs.

________________ S.V. BHATT, J.

Dt.27-02-2015.

KO