Provident fund

sachin agarwal (Querist) 11 February 2017 This query is : Resolved
An order passed by authority without extending any notice or opportunity to the party concerned, is liable to be quashed being violative of principles of natural Justice.
As far as the service of notice is concern, it can be said that without following the rule of natural Justice during the enquiry under section 7A, 14 B, the such inquiry cannot be sustained in the eyes of law. There are a little bit of chance to hold the enquiry justified if in their case there is any notice issued by the authority to the aggrieved person and aggrieved person could not attend the hearing intentionally therefore there is no violation of rule of natural Justice. But if there is any factual as well as legal mistake, error on the part of the enquiry officer regarding the service of notice is clear-cut violation of rule of natural Justice. Hence the total enquiry is unjustified. If there is any provision under the act or law regarding the intimation of inquiry should be given to the person who is eligible to join the enquiry should be given in accordance with the provisions thereunder and without following the provisions the enquiry must be no force of law and same is liable to be set aside.
There are certain obligations not only upon the part of the enquiry officer but also to the aggrieved person to perform their part in accordance with the provision of law and without performing their duties in terms of the law, then the enquiry is not sustainable in the eyes of law.

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Guest (Expert) 12 February 2017
Repeated!
But, is it a query or an information for the knowledge of the readers?

Rajendra K Goyal (Expert) 12 February 2017
Please mention clearly material facts and the query if any.

Guest (Expert) 12 February 2017
Well questioned by Mrs/Mr/Ms /Child Rajendra K Goyal (With No Details in Profile)

rajeev sharma (Expert) 13 February 2017
Mr Sachin what you have posted is an article on the provisions of EPF Act. Reading in piecemeal is not enjoyable. Post it on the proper link of this site.

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