High Court for State of TelanganaWP/6416/2015allowed remand no costs

M/S. Institute Of Resource Development And Social v. The Regional Provident Fund Commissioner -Ii(Candr)

2015-03-13S.V.Bhatt3 pages

HONOURABLE SRI JUSTICE S.V. BHATT WRIT PETITION No. 6416 OF 2015 DATED 13TH MARCH, 2015 BETWEEN M/s. Institute of Resource Development and Social Management, rep. by its Chairman, M.V.K.Siva Mohan, Hyderabad.

...Petitioner

And The Regional Provident Fund Commissioner-II(C&R), Regional Office, Barkatpura, Hyderabad, Telangana and ors.

...Respondents.

HONOURABLE SRI JUSTICE S.V. BHATT WRIT PETITION No. 6416 OF 2015 ORDER:

Heard learned Counsel for the petitioner and Sri R.N. Reddy for the

respondents.

The petitioner assails the order dated 18.02.2015 of the second respondent under Section 7B of the Employees Provident Funds and Miscellaneous Provisions Act, 1952.

This Court through order dated 19.01.2015 in Writ Petition No. 243 of 2015 specifically directed the respondents to enquire deep into the matter and pass appropriate orders. The order is assailed as violative of principles of natural justice.

Perused the order in Writ Petition No. 243 of 2015. Having considered the objections raised by the petitioner and after taking note of the submissions of the learned Standing Counsel, I consider it appropriate to set aside the impugned proceedings on the ground of violative of principles of natural justice and also order of this Court in Writ Petition No. 243 of 2015, dated 19.01.2015 and remand the matter back to the second respondent for conducting enquiry. The second respondent is directed to afford opportunity of hearing to the petitioner and pass orders as deem fit and appropriate in the circumstances of the case. Pending consideration by the second respondent, the respondents are directed not to disburse the Provident Fund contribution recovered from the petitioner pursuant to the order passed on 19.11.2014. The Writ Petition is allowed and remanded. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.

---------------------------- JUSTICE S.V. BHATT DATED 13TH MARCH, 2015.

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