IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 WP(C).No. 24370 of 2009(M) -------------------------- PETITIONER(S): --------------- M/S.XAVIER'S RESIDENCY, A FIRM Q.S ROAD, KOLLAM, REPRESENTED BY ITS MANAGING PARTNER, D.RAJ KUMAR. BY ADV. SRI.V.L.SHENOY RESPONDENT(S): --------------- 1. ASST. PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, MINISTRY OF LABOUR, GOVT. OF INDIA, SUB REGIONAL OFFICE, OLD MUNICIPAL OFFICE BUILDING, CHINNAKKADA, KOLLAM. 2. RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANIZATION, MINISTRY OF LABOUR, GOVT. OF INDIA, SUB REGIONAL OFFICE, OLD MUNICIPAL OFFICE BUILDING, CHINNAKKADA, KOLLAM. ADV.V.V.SURESH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.24370 of 2009 ================== Dated this the 7th day of October, 2009 J U D G M E N T The grievance of the petitioner in this writ petition is that a petition under Section 7B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, filed by the petitioner was dismissed by a person other than the person who heard the petitioner on the petition. 2. The contention in the statement filed on behalf of the respondents is that after hearing, the officer who heard the petitioner was transferred and, therefore, the new person passed the order on the basis of the records available. 3. I have heard the parties. 4. Without going into the merits of the contentions of the parties, I feel that the 1st respondent shall give the petitioner another hearing and pass a fresh order in the application filed under Section 7B. Accordingly, for this purpose, Ext.P4 order is quashed. The petitioner shall appear before the 1st respondent on 22.10.2009. The 1st respondent shall hear the petitioner on that day or, if that day is not convenient to the 1st respondent, on the adjourned date. The petitioner shall not seek any adjournment of the matter. Orders thereon shall be passed within two weeks from the date of the hearing. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2