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Judgment
The instant writ petition is taken up today. The grievance of the writ petitioner is that the petitioner was not served and without hearing the respondent
no. 2 passed two order dated 6th April, 2021 and on 19th April, 2021 imposing damages and interest upon the petitioner for the period between August
2007 to May 2019 under Section 7Q and 14B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952.
It is frankly submitted by Mr. Majumder that the impugned order go appealable , the petitioner is not in a position to file any appeal because the
Appellate Tribunal is vacant for long. Therefore, the petitioner had to invoke jurisdiction of Article 226 of the Constitution of India .
It is found from the materials on record annexed by the petitioner that the petitioner prayed for time at least on three occasions permitting his
representative to place its case before respondent no. 2 on physical mode but no reply was issued by the respondent no. 2. On the contrary, an ex
parte order was made imposing damages and interest for the period starting about a decade back.
Having heard the learned advocates for the petitioner and the petitioner has been able to make an arguable case. Accordingly the instant writ petition
is admitted for hearing as the respondent failed to appear in spite of service of notice, the petitioner is directed to serve notice upon respondents
afresh.
The impugned orders regarding payment of damages and interest be stayed till 26 th June, 2021 on condition that the petitioner without any rights and
prejudice shall deposit a sum of Rs. 3,00,000/- with Registrar General of the High Court at Calcutta within fifteen days from the date of this order.
The matter is made returnable on 26th June, 2021.