GUWAHATI, India, Dec. 19 -- Gauhati High Court issued the following order on Nov. 19:

1. Heard Mr. B Barooah, the learned counsel appearing on behalf of the petitioners. Ms. J Sarma, the learned counsel, who appears on behalf of the respondent No.1 and Ms. S Dasgupta, the learned counsel, who appears on behalf of the respondent Nos.2 to 6.

2. The petitioner herein has approached this Court assailing the exparte order dated 23.08.2021 passed by the learned Assistant Provident Fund Commissioner, Jorhat under Section 14B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (for short, 'the Act of 1952') read with Para 32A of the Employees' Provident Funds Scheme, 1952, Para 5 of the Employees' Pension Scheme 1995 and Para 8A of the Employees' Deposit Linked Insurance Scheme, 1976. Further to that, the petitioners have also assailed the communication dated 19.06.2025 issued by the Recovery Officer of the Employees' Providence Fund Organization, Jorhat, whereby the application so filed by the petitioners under Section 7A(4) of the Act of 1952 was rejected on the ground that there is no review permissible against such orders.

3. Taking into account the issue involved, this Court issues Rule, making it returnable forthwith.

4. The materials on record shows that on account of certain alleged non-payment, summons were issued to the petitioners, which resulted in the proceedings initiated under Section 14B of the Act of 1952. The said proceedings were continued with the representation of the petitioners. However, on account of the COVID pandemic, the hearing of those proceedings got adjourned and notices were issued to the petitioners to appear virtually. The petitioners, however, alleged that such notices were not received and, as such, the petitioners could not participate in the said proceedings.

5. Be that as it may, in absence of the petitioners, the Assistant Provident Fund Commissioner passed an order on 23.08.2021 exparte, thereby directing the petitioners to deposit an amount of Rs.2,27,076/- under Section 14B and interest on belated remittance under Section 7Q of Rs.1,14,717/- within 15 days else coercive action would be taken against the petitioners under Section 8B to 8G of the Act of 1952.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x9jTz%2BtGqMNX1CyvTG9tJ8WHkGi1LoDbuYvrHqAgRZEG&caseno=WP(C)/6514/2025&cCode=1&cino=GAHC010248202025&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.