WP/6381/2010 : 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6381 OF 2010 Nicholas Employees Union ... Petitioner V/s. The Assistant Provident Fund Commissioner & Ors. ... Respondents Ms.Benet D'costa i/b Pooja C. Chavan for Petitioner Mr.Suresh Kumar for Respondent Nos.1 and 2 Mr.J.P. Cama i/b D.B Shelatkar for Respondent No.3 CORAM: SMT.NISHITA MHATRE, J. DATED: 08.09.2010 P.C.: 1. The petitioner is a union of employees of Respondent No.3. It appears that the petitioner union brought to the notice of Respondent Nos.1 and 2 that provident fund deductions were not being made by Respondent No.3 for being deposited with Respondent No.4. According to the petitioner this conduct of respondent No.3 was in violation of certain orders passed by this Court. In the light of this application, Respondent Nos.1 and 2 passed an order directing Respondent No.3 to deposit the provident fund contributions in accordance with the directions of this Court. This order was passed u/s 7A of the Employees Provident Fund and Miscellaneous Provisions Act, 1952, according to Respondent Nos.1 and 2. It appears that thereafter respondent No.3 submitted a representation to Respondent Nos.1 and 2. This resulted in Respondent No.1 changing his earlier order and passing the order dated 19.2.2009. Thereafter, another order was passed on 21.8.2009 by Respondent WP/6381/2010 : 2 : No.1. Both the orders of 19.2.2009 and 21.8.2009 were passed without hearing the petitioner, despite the fact that the earlier order passed u/s 7A was passed on a complaint being made by the petitioners. 2. Without going into the merits of all the other contentions raised in the petition, in my opinion, the orders of 19.2.2009 and 21.8.2009 will have to be set aside. This is because one of the basic requirements of the rules of natural justice for affording a hearing to the parties has been violated by respondent No.1. 3. Accordingly, the orders dated 19.2.2009 and 21.8.2009 are set aside. It appears that the Provident Fund contribution has not been deposited by Respondent No.4 as yet. 4. The parties will appear before Respondent No.1 on 13.9.2010 at 3 pm. The application filed by Respondent No.3 on 8.9.2008 shall be heard and disposed of by Respondent No.1 after giving notice to the petitioner as well as respondent No.3 within four weeks from today. Status quo as of today be maintained for a period of four weeks. 5. Writ Petition is disposed of accordingly.