HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1983 of 2008 (M/S) M/s K.M.O.U. Ltd. & another ……..Petitioners Versus Union of India & another …….Respondents Mr. S.K. Posti, learned counsel for the petitioners. Mr. Ashok Agarwal, learned counsel for respondent no. 2. 23rd June, 2009 Hon’ble Sudhanshu Dhulia, J. The petitioner M/s Kumaon Motors Owners Union is a company which is registered under the Companies Act, 1956. The contention of the petitioners is that the Assistant Provident Fund Commissioner, Haldwani has passed the order dated 25.6.2003 fixing a liability of Rs. 40,05,976/- on the petitioner company. The only ground of challenging the said order of the Assistant Provident Fund Commissioner by the petitioners is that no opportunity of hearing was given to them and the relevant records were not examined. However, a perusal of the order dated 25.6.2003 shows that the representative of the petitioner company was present during hearing of the matter. The learned counsel for the petitioners now states that the person who represented the petitioners was not authorized by the petitioners and the order dated 25.6.2003 has been passed without opportunity of hearing to the petitioners and, therefore, the allegations in the present writ petition are unrebutted. Moreover, the petitioners have also contended that records material for arriving at a decision have not been taken into account by the authority. In the interest of justice, therefore, it is necessary that the concerned authority i.e. the Assistant Provident Fund Commissioner will pass a fresh order after giving an opportunity of hearing to the petitioners. This order shall be passed as expeditiously as possible and preferably within a period of one month from today. The learned counsel for the petitioners Mr. S.K. Posti gives undertaking to this Court that he shall inform the petitioners to be present before the concerned authority within a week from today. It is expected that the petitioners shall cooperate in the proceedings and will not take any steps to unnecessary dilate the proceedings. Order dated 25.6.2003 passed by the Assistant Provident Fund Commissioner, Haldwani is hereby quashed. It is made clear that nothing is being said by this Court on the merit of this case. This writ petition is being decided only on the fact that opportunity of hearing has not been given to the petitioners. Therefore, the Assistant Provident Fund Commissioner shall proceed with the case in accordance with law and decide the matter on its merit. Not only this, no elaborate period of notice is required to be given to the petitioner as the learned counsel for the petitioners Mr. S.K. Posti has already given undertaking to this Court that the representative of the petitioners shall be present in the office of the Assistant Provident Fund Commissioner, Haldwani within a period of one week. With the above directions, writ petition is disposed of. No order as to costs. (Sudhanshu Dhulia, J.) 23.6.2009 Avneet