Hotel B Six vs Assistant Provident Fund Commissioner

Sathish Ninan, J.

Petitioner is challenging Exts P2 and P3 orders passed by the 1st respondent and the consequential recovery notice Ext P5 issued by the 2nd respondent.

Heard the learned counsel for the petitioner and the learned standing counsel for the 1st respondent.

Though the petitioner was given notice of hearing prior to passing of Exts P2 and P3 orders, the petitioner failed to appear, which resulted in passing of the orders. Learned standing counsel points out that Exts P2 and P3 orders are appealable in nature.

Though the non-appearance pursuant to the notice is not justified, the fact remains that the petitioner could not place his contentions before Exts P2 and P3 orders were passed. Considering the submission of the learned counsel for the petitioner, I am of the opinion that an opportunity could be granted to the petitioner to raise his contentions before the authorities.

Resultantly, the Writ Petition is allowed. Exts P2, P3 and P5 orders are quashed. Petitioner shall appear for hearing before the 1st respondent on 10.10.2023 at 11 a.m. Orders to be passed within a period of ten days thereafter.