Provident fund review u/s 7b
sachin agarwal
(Querist) 31 January 2016
This query is : Open
The 7A authority under section 7A of the act, 1952 is authorise to work for the benefits of the eligible employees for the benefits of provident fund contribution therefore the 7A authority can examine the illegalities of the provident fund contribution under the PF code allotted to the employer by the PF authority. Being a 7A authority, the authorities works as a question judicial authority therefore it is the obligation on the part of the authority to follow the rule of natural Justice at the time of hearing of both the parties where one of the party is the enforcement officer representative on behalf of the Department and second party the employer and any other appropriate person who is entitled to join the enquiry before the enquiry officer. The 7A authority after duly performed the obligation under section 7A of the act, 1952 can examine the applicability and determination of the PF dues for the benefits of eligible employees. It is the necessary ingredient of the enquiry to follow the rule of natural Justice and the used the power in accordance with the provision of settled law in the light of the various decisions of the appropriate appellate authority and Hon'ble Supreme Court and Hon'ble High Courts. That the any person aggrieved from the impugned order passed by the 7A authority can move the appropriate application for the re-examination of the enquiry finalised by the 7A authority. Although there are so many limitations to move the review application under section 7B of the act, 1952 but the basic rules that the rule of natural Justice should be followed and the enquiry should be concluded in due compliance of the facts and circumstances as well as law in the right perspective for the due benefits of eligible employees. Although there is not a specified form to file an application for review under section 7B of the act, 1952 but certain grievances should be reflected under the settled law in the review application filed by the aggrieved person where the re-examination of the 7A enquiry can be reopen. The application under section 7B should be moved within a specified time as prescribed under the law and if the application is within a specified time then the reviewing authority should be issued the notice to the applicant and if the 7B authority dismissing the application without hearing the voice of the applicant is clearly violation of the principle of natural Justice.
The above discussion is the personal opinion of the author and therefore the discussion cannot be used for any illegal purpose.
