Telangana High Court
The Employer, M/S. Hotel Green Bawarchi vs The Employees Provident Fund ... on 30 April, 2021
Author: Abhinand Kumar Shavili
Bench: Abhinand Kumar Shavili
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT PETITION No.11649 of 2021
ORDER:
This writ petition is being disposed of at the admission stage with the consent of both parties.
This writ petition is filed seeking the following relief:
"..... to issue an appropriate Writ Order or Direction more in the nature of Writ of Certiorari calling for the records pertaining to case No. TS/RO/WGL/ 1435131/ENF-WGL/7A-ORDER/584 and case No. TS/RO/WGL/COMP/1435131/ 2020-21/673 on the file of the 2nd respondent to declare the orders and proceedings of the 2nd Respondent more particularly the orders dated 05.03.2021 of rejection of the application of petitioner seeking setting aside of the ex-parte order vide No.TS/RO/WGL/COMP/1435131/2020-21/673 to consequently set aside the ex-parte Orders dated 19.01.2021 passed in No.TS/RO/WGL/ 1435131/ENFWGL/7A-ORDER/584 and the notice of demand dated 07.04.2021 in PRC No.NZWGL5271/1435131/07/ 04/2021/581/35/07 and the Revenue Recovery Certificate dated 07.04.2021 in PRC No.NZWGL5271/ 1435131/ 07/04/2021/581/35/898 Dated 07.04.2021 and the Revenue Recovery Certificate in PRC No. NZWGL5282/1435131/08/04/2021/581/35/29 Dated 16.04.2021 absolutely arbitrary, erroneous, perverse, illegal, unconstitutional, ultra vires the power, authority and jurisdiction of the respondents and in violation of the provisions of the Code on Social Security, 2020 as much as the Employees Provident Fund and Miscellaneous Act, 1952 and the rules made under the respective laws and also contrary to the Article 21 of the Constitution of India, the Principles of Natural Justice and the canons of law and jurisprudence to consequently set aside all the orders to afford the petitioner to contest the proceedings of the respondents in case No TS/RO/WGL/1435131/ENFWGL/ 7A- ORDER/584.....".
Heard learned counsel appearing for the petitioner and Sri B.Manoj Kumar, learned Standing Counsel appearing for the respondents.
It has been contended by the petitioner that he is running a small Hotel and the respondents have passed ex-parte orders on 19.01.2021. Thereafter, he has submitted an application to set aside the ex-parte orders and the same was rejected on 05.03.2021.
Learned counsel appearing for the petitioner had contended that the respondents after giving an opportunity to the petitioner ought to have decided the liability of the petitioner. But, in the instant case, no opportunity is given to the petitioner before passing the ex-parte order on 19.01.2021. Therefore, appropriate orders be passed in the writ petition by setting aside the ex-parte orders dated 19.01.2021 and also directing the respondents to give an opportunity to the petitioner to participate in the enquiry and pass appropriate orders within a reasonable period of time.
Learned Standing Counsel appearing for the respondents had contended that in spite of giving several opportunities to the petitioner, the petitioner has not availed the opportunity to contest the case and the respondents have no other option except to pass the ex-parte orders on 19.01.2021. If the petitioner co-operates with the respondent authorities, the respondents would give an opportunity to the petitioner and pass appropriate orders in accordance with law. Let, the ex-parte order dated 19.01.2021 be set aside.
This Court, having considered the rival submissions of learned counsel for the parties, is of the considered view that the ex-parte order is passed behind the back of the petitioner and the same is violation of principles of natural justice. Therefore, the ex-parte order dated 19.01.2021 is liable to be set aside and accordingly, it is set aside. The respondents shall give an opportunity to the petitioner and pass appropriate orders afresh within a reasonable period, preferably within a period of four weeks from the date of receipt of a copy f this order.
With the above directions, the writ petition is allowed. No order as to costs.
Pending miscellaneous petitions, if any, shall stand closed.
____________________________ ABHINAND KUMAR SHAVILI, J 30.04.2021 Prv