Surya Alloy Industries & Anr vs The Regional Provident Fund
2023 Latest Caselaw 3033 Cal

28.04.2023 IN THE HIGH COURT AT CALCUTTA DL-6 CONSTITUTIONAL WRIT JURISDICTION (PP) APPELLATE SIDE WPA 26889 of 2022

Surya Alloy Industries & Anr.

Vs.

The regional Provident Fund Commissioner-II (C & R) & Anr.

Mr. Ranjoy De, Mr. Debasoumya Basak ....for the petitioner.

Mr. Jasobanta Rakshit ...for Provident Fund Authority.

A copy of the written instructions as submitted

by Mr. Rakshit appearing on behalf of the Regional

Provident Fund Commissioner-II is retained with the

records.

He submits that it is clearly recorded in the

order dated July 4, 2022, Diary No.124/2021 that the

authorised representatives appearing on behalf of the

company did not have any further submissions to

make in respect of the Enquiry Officer's deposition. In

that view of the matter, the hearing was concluded

and the judgment was reserved for orders. After

submitting that they have nothing to submit in the

matter, the petitioner-company cannot now urge that

there was a breach of principles of natural justice

since the representatives of the petitioner-company

were not permitted to cross-examine the Enquiry

Officer.

Mr. De, learned counsel appearing on behalf of

the writ petitioner submits that the Enquiry Officer

was in a habit of recording wrongly and the order

dated July 4, 2022 was not received prior to the same

being downloaded from the website after receipt of the

final order dated October 21, 2022 on November 9,

2022.

From the written instructions submitted before

this Court today, this Court finds that there are two

signatures at the bottom of the order dated July 4,

2022 with the endorsement "received".

In such view of the matter, Mr. De is permitted

to take necessary instructions in the said matter.

Let the matter appear for further consideration

under the same heading "Motion" on May 12, 2023.

All parties shall act on the server copies of this

order duly downloaded from the official website of

this Hon'ble Court.

(Lapita Banerji, J.)