Saraswati Vidya Mandir vs Recover Officer And Others
2013 Latest Caselaw 23 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 3
 

 
Case :- WRIT - C No. - 21631 of 2006
 

 
Petitioner :- Saraswati Vidya Mandir
 
Respondent :- Recover Officer And Others
 
Petitioner Counsel :- Paramatma Rai,A.B. Saran,Kartikey Saran
 
Respondent Counsel :- Csc,D.Awasthi
 

 
Hon'ble Mrs. Sunita Agarwal,J.

Heard Sri Kartikey Saran, learned counsel for the petitioners and Sri D.K. Singh, learned counsel who has put in appearance by filing vakalatnama in the Court on behalf of respondents.

A preliminary objection was raised by the learned counsel for the respondents that statutory alternative remedy as provided in The Employees' Provident  Funds and Miscellaneous Provisions Act, 1952 (hereinafter called as the 'Act') has not been availed by the petitioners and the petition has been filed challenging the notice dated 9.11.2005 without there being any challenge to the assessment order passed under Section 7(A) of the Act. The assessment order is not on record.

Learned counsel for the petitioners submits that the institutions to whom notices were issued are  different establishments and the number of employees are less than 20 and therefore, the Act is not applicable. He further submits that no assessment order whatsoever has been passed by the authority as alleged.

In view of the fact that assessment order is not on record, learned counsel for the respondents is directed to bring on record the assessment order/orders by which two separate codes were allotted to the petitioner nos. 1 and 2.

As prayed, two weeks' time is allowed to the learned counsel for the respondents to file supplementary counter affidavit.

List thereafter.

Order Date :- 22.3.2013

P.P.