IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5375 of 2008 M/S DINA IRON & STEEL LTD. HAVING ITS REGISTERED OFFICE SITUATED AT KILA ROAD, AND WORKS AT ABDUL RAHMANPUR ROAD, DIDARGANJ, PATNA- 800 009 THROUGH ONE OF ITS DIRECTORS, SANJAY KUMAR BHARATIYA, S/O- LATE DINDAYAL BHARTIYA, RESIDENT OF RAMBAGH CHOWK, P.S.- CHOWK, PATNA CITY, DISTRICT- PATNA :---- PETITIONER. Versus 1. THE REGIONAL PROVIDENT FUND COMMISSIONER (C & R), BIHAR, BHAVISHYANIDHI BHAVAN, ‘R’ BLOCK, ROAD NO. 6, PATNA. 2. THE EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL HAVING ITS OFFICE AT 60, SKY LARK BUILDING, NEHRU PLACE, NEW DELHI-19 THROUGH ITS REGISTRAR. 3. THE ASSISTANT REGIONAL PROVIDENT FUND COMMISSIONER, BHAVISHYANIDHI BHAVAN, ‘R’ BLOCK, ROAD NO. 6, PATNA. 4. THE RECOVERY OFFICER, OFFICE OF THE REGIONAL PROVIDENT FUND COMMISSIONER, BHAVISHYANIDHI BHAVAN, ‘R’ BLOCK, ROAD NO. 6, PATNA :--- RESPONDENTS. ----------- 3. 29.11.2010. Heard learned counsel for the petitioner and the counsel for the Provident Fund Commissioner. 2. Petitioner-Establishment is aggrieved by the order dated 30th April, 2004, Annexure-2 as also the appellate order dated 27th August, 2007, Annexure-5, whereunder the number of employees serving in the Establishment for the period between July, 1998 to March, 2003 has been increased. 3. It is submitted on behalf of the petitioner that aforesaid order dated 30th April, 2004, Annexure-2 was passed without hearing the counsel or the representative of the Establishment. In this connection, it is submitted that in the light of the notice the Establishment had to appear before the Assistant Commissioner on 02.04.2004 but on 02.04.2004 the Assistant Commissioner was not present in the office and the adjourned date was not - 2 - furnished to the representative of the Establishment who went to appear before the Assistant Commissioner. In this connection, reference has been made to the statements made in paragraph-12, 13 of the writ petition which has not been disputed in the counter affidavit. It is said that without fixing any date for further hearing in the matter the order dated 30.04.2004 was served on the petitioner under letter dated 25.05.2004. Later, a corrigendum was issued changing the date of the order dated 30.4.2004 to 22.04.2004 which was served on the petitioner under letter dated 13.09.2004 contained in Annexure-4 to this application. It is submitted on behalf of the petitioner that before passing the order dated 30/22.04.2004 the report on the basis of which the number of employees serving in the Establishment has been increased was not served on the petitioner and the Establishment had no opportunity to rebut the allegation made in the report. As regards the appellate order it is submitted that the appellate authority has also not considered the effect of the corrigendum in the light of the submission noted in paragraphs 12 and 13 of the writ petition that pursuant to the initial notice the representative of the Establishment had appeared on 02.04.2004 when no proceeding took place in the office of the Assistant Regional Provident Fund Commissioner who was not present in his office on that date. Perusal of the appellate order dated 27th August, 2007, Annexure-5 also does not - 3 - disclose that the submission of the Establishment with regard to the corrigendum has been considered in the appellate order. 4. As the circumstances in which petitioner was not heard by the Assistant Provident Fund Commissioner on 02.04.2004 and the corrigendum dated 13.09.2004, Annexure-4 was issued is not explained in the appellate order, I proceed to set aside not only the original order dated 22/30.04.2004, Annexure-2 but also the appellate order dated 27th August, 2007, Annexure-5 directing the petitioner to appear before the Assistant Provident Fund Commissioner, Patna on 15th December, 2010 when the Assistant Provident Fund Commissioner should supply him the material(s) on the basis of which the Commissionerate is proposing to increase the employees in the Establishment during the period between July, 1998 to March, 2003 and fix further date for hearing and dispose of the matter as early as possible, in any case, within one month from the date of receipt/production of a copy of this order. 5. The writ petition is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)