ARCOT TEXTILE MILLS LTD. Vs REG. PROVIDENT FUND COMMISSIONER .
Bench: ANIL R. DAVE,DIPAK MISRA
Case number: C.A. No.-009488-009488 / 2013
Diary number: 12751 / 2012
Advocates: NIKHIL NAYYAR Vs
APARNA BHAT
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Reportable
IN THE SUPREME COURT OF INDIA
CIVIL APPELALTE JURISDICTION
CIVIL APPEAL NO. 9488 OF 2013 (Arising out of S.L.P. (C) No. 13410 of 2012)
M/s. Arcot Textile Mills Ltd. ... Appellant
Versus
The Regional Provident Fund Commissioner and others ...Respondents
J U D G M E N T
Dipak Misra, J.
Leave granted.
2. This appeal is directed against the judgment and
order dated 19.12.2011 passed by the High Court of
Judicature at Madras in W.A. No. 2230 of 2011
whereby the Division Bench has concurred with the
judgment and order dated 21.4.2011 passed in W.P.
No. 7046 of 2008 by the learned single Judge holding
that the order passed by the Assistant Provident
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Fund Commissioner under the Employees’ Provident
Funds and Miscellaneous Provisions Act, 1952 (“for
brevity “the Act”) requiring the appellant to remit a
sum of Rs.94,27,334/- towards interest under Section
7Q of the Act for belated remittances, was to be
assailed in appeal before the Employees’ Provident
Funds Appellate Tribunal (for short “the tribunal”)
and, therefore, it was appropriate on the part of the
appellant to take recourse to the alternative remedy
and not to approach the High Court under Article 226
of the Constitution of India.
3. The facts giving rise to the present appeal, bereft of
unnecessary details, are that the appellant-company
has a textile factory at Kallakurichi and it was
established in the year 1964 and with passage of
time it took steps for modernization but it suffered a
setback in the year 1997 due to slump in the cotton
industry affecting the industrial base in South India.
The financial constraints compelled the company to
make a reference to the Board for Industrial and
Financial Reconstruction (BIFR) under Section 15(1)
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of the Sick Industrial Companies (Special Provisions)
Act, 1985 and the BIFR by order dated 4.5.1999
declared the appellant-company as a sick industrial
company and appointed Industrial Development Bank
of India (IDBI) as the Operating Agency. Because of
the prevalent situation, the appellant-company
defaulted in making contributions towards the
Provident Fund and delay occurred in remitting the
dues under the Act. On 3.10.2007, the appellant had
paid a sum of Rs.83,01,037.80 (Rupees eighty three
lacs one thousand thirty seven and eighty paise)
being arrears of the Provident Fund contribution to
the Regional Provident Fund Commissioner, the 1st
respondent herein. A letter was also sent by the
company stating that the appellant-company had
become a sick industry and a scheme for
rehabilitation of the company had been submitted to
the BIFR and the same was pending consideration.
On 23.10.2007, the Assistant provident Fund
Commissioner, Trichy, the second respondent herein,
issued a demand requiring the appellant to deposit a
sum of Rs.94,27,334/- towards interest under Section
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7Q of the Act for belated remittances. On receipt of
the said letter the appellant replied that the report
stated to have been annexed with the calculation had
not been sent along with the notice and the same
may be provided to it to reconcile the accounts. In
the meantime, certain proceedings went on before
the BIFR and, eventually, a joint meeting was held
between the Operating Agency, the company and the
employees of the establishment and it was agreed
that the amount due towards the Provident Fund
shall be paid in a phased manner. On 3.3.2008, an
order came to be passed under Section 8F of the Act
demanding the amount of interest and an order was
passed by the Assistant Provident Fund
Commissioner taking certain coercive measures to
realize the amount.
4. Being grieved by the aforesaid action the appellant
approached the High Court in WP No. 7046 of 2008.
The learned single Judge, by order dated 25.3.2008,
granted an interim stay subject to the appellant’s
depositing 25% of the interest amount within 10 days
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and in pursuance of the said order the appellant
deposited Rs.34,00,000/- before the Competent
Authority under the Act. When the writ petition came
up for hearing on 21.4.2011, the learned single Judge
came to hold that it was appropriate to approach the
tribunal under Section 7I of the Act and, accordingly,
dismissed the writ petition.
5. The said order of the learned single Judge was
assailed before the Division Bench which concurred
with the view expressed by the learned single Judge
opining that the order impugned charging interest on
the belated payment of Provident Fund is appealable
and, accordingly, granted liberty to the appellant to
move the appellate authority. The said order is the
subject-matter of challenge in this appeal by special
leave.
6. We have heard Mr. Nikhil Nayyar, learned counsel
appearing for the appellant, Ms. Aparna Bhat, learned
counsel appearing for respondent Nos. 1 to 3 and Mr.
C.S. Ashri, learned counsel for respondent No. 6.
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7. At the outset, it obligatory to state that when this
matter came up on 20.4.2012, this Court had passed
the following order: -
“One of the contentions urged by learned counsel appearing for the petitioner is that despite specific request, the detailed working of interest, amount to Rs.94,27,334/- on account of delay in remission of the statutory dues under the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 had not been provided by the Assistant Provident Fund Commissioner. It is further submitted that in fact an amount of Rs.34 lakhs has already been deposited by the petitioner towards the interest under Section 7Q of the said Act. In view of the submission, issue notice.”
8. After so stating, the Court restrained the respondents
from taking any further action in terms of public
notice dated 21.3.2012 fixing the date for auction of
the appellant-company’s property.
9. Mr. Nikhil Nayyar, learned counsel appearing for the
appellant has raised two contentions, namely, (i) the
learned single Judge as well as the Division Bench
erred by expressing the view that an appeal would lie
to the tribunal under Section 7I of the Act when the
said provision does not so envisage, and (ii) when the
appellant asked for the documents relating to
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computation, it was obligatory on the part of the third
respondent to provide the same so that the accounts
could be reconciled and a proper view could be taken
as regards the computation but the same having not
been acceded to the action taken is vitiated being
violative of the principles of natural justice.
10. Ms. Aparna Bhat, learned counsel appearing for
respondent Nos. 1 to 3, supporting the order passed
by the High Court, submitted that when the statute
commands levy of interest and no discretion is left to
the authority, there is no warrant for interference
with the impugned order.
11. First we shall deal with the maintainability of an
appeal against an order passed under Section 7Q of
the Act. To address the said controversy it is
necessary to appreciate the scheme of the Act.
Section 1(3) stipulates that subject to the provisions
contained in Section 16 the Act shall apply to every
establishment which is a factory engaged in any
industry specified in Schedule I and in which twenty
or more persons are employees and to any other
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establishment employing twenty or more persons or
class of such establishments which the Central
Government may, by notification in the Official
Gazette, specify in this behalf. Sub-section (4) of
Section 1 provides that where it appears to the
Central Provident Fund Commissioner, whether on an
application made in this behalf or otherwise that the
employer and the majority of employees in relation
to any establishment have agreed that the provisions
of this Act should be made applicable to the
establishment, he may, by notification in the Official
Gazette, apply the provisions of this Act to that
establishment on and from the date of such
agreement or from any subsequent date specified in
that agreement. Section 3 confers power on the
Central Government to issue notification directing
that the provisions of the Act could apply to such
other establishment which has a common Provident
Fund with other establishments. Section 7A(1)
provides for determination of moneys due from
employers. Section 7B deals with review of orders
passed under Section 7A. Section 7C deals with
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determination of escaped amount. Section 8
provides for mode of recovery of moneys due from
employer. The said provision stipulates that the
arrears can be recovered in the manner specified in
section 8B to 8G. Section 8B provides for issue of
certificate by the authorised officer in respect of the
amount due to the recovery officer so as to unable
him to recover the amount by way of attachment and
sale of movable and immovable property of the
establishment or the employer or take such coercive
measurers as provided therein. Section 11 gives a
statutory priority of payment of contributions over
other debts. Section 11 (2) contains non-obstante
clause which prescribes for if any amount is due from
employer the said amount shall be deemed to be the
first charge on the assets of the establishment.
Section 14B confers power on the Competent
Authority under the Act to recover damages. Section
17 provides for power to exempt.
12. This court in Maharashtra State Cooperative
Bank Limited v. Assistant provident Fund
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Commissioner and others1 while interpreting the
expression “ any amount due from an employer” has
opined as follows:-
“The expression “any amount due from an employer” appearing in sub-section (2) of Section 11 has to be interpreted keeping in view the object of the Act and other provisions contained therein including sub-section (1) of Section 11 and Sections 7-A, 7-Q, 14-b and 15(2) which provide for determination of the dues payable by the employer, liability of the employer to pay interest in case the payment of the amount due is delayed and also pay damages, if there is default in making contribution to the Fund. If any amount payable by the employer becomes due and the same is not paid within the stipulated time, then the employer is required to pay interest in terms of the mandate of Section 7-Q. Likewise, default on the employer’s part to pay any contribution to the Fund can visit him with the consequence of levy of damages.”
13. We have referred to the aforesaid decision only for
the purpose of the levy of interest under Section 7Q
is a part of the sum recoverable under Section 11 (2)
of the Act, and it is an insegregable part of the total
amount due from employer.
14. At this juncture, it is relevant to state that the
tribunal was constituted at a later stage. Section 7I
1 (2009) 10 SCC 123
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provides for appeals to the tribunal. The said
provision reads as follows:-
“7I. Appeals to Tribunal. – (1) Any person aggrieved by a notification issued by the Central Government, or an order passed by the Central Government or any authority, under the proviso to sub-section (3), or sub-section (4) of section 1, or section 3, or sub-section (1) of section 7A, or section 7B except an order rejecting an application for review referred to in sub-section (5) thereof, or section 7C, or section 14B, may prefer an appeal to a Tribunal against such notification or order.
(2) Every appeal under sub-section (1) shall be filed in such form and manner, within such time and be accompanied by such fees, as may be prescribed.”
15. On a perusal of the aforesaid provision it is evident
that an appeal to the tribunal lies in respect of
certain action of the Central Government or order
passed by the Central Government or any authority
on certain provisions of the Act. We have scanned
the anatomy of the said provisions before. On a
studied scrutiny, it is quite vivid that though an
appeal lies against recovery of damages under
Section 14B of the Act, no appeal is provided for
against imposition of interest as stipulated under
Section 7Q. It is seemly to note here that Section
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14B has been enacted to penalize the defaulting
employers as also to provide reparation for the
amount of loss suffered by the employees. It is not
only a warning to employers in general not to commit
a breach of the statutory requirements but at the
same time it is meant to provide compensation or
redress to the beneficiaries, i.e., to recompense the
employees for the loss sustained by them. The entire
amount of damages awarded under Section 14B
except for the amount relatable to administrative
charges is to be transferred to the Employees’
Provident Fund. (see Organo Chemical Industries
and another v. Union of India and others2)
16. Presently we shall refer to 7Q of the Act. It is as
follows:-
“7Q. Interest payable by the employer.- The employer shall be liable to pay simple interest at the rate of twelve per cent per annum or at such higher rate as may be specified in the Scheme on any amount due from him under this Act from the date on which the amount has become so due till the date of its actual payment:
Provided that higher rate of interest specified in the Scheme shall not exceed the
2 AIR 1979 SC 1803
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lending rate of interest charged by any scheduled bank.”
17. Ms. Aparna Bhat, learned counsel for the respondent
Nos. 1 to 3 would contend that the payment of
interest by the employer in case of belated payment
is statutorily leviable and a specified rate having
been provided, the authority has no discretion and,
therefore, it is only a matter of computation and
there cannot be any challenge to it. Be it noted, it
was canvassed by the said respondents before the
High Court that an appeal would lie against an order
passed under 7Q. On a scrutiny of Section 7I, we
notice that the language is clear and unambiguous
and it does not provide for an appeal against the
determination made under 7Q. It is well settled in
law that right of appeal is a creature of statute, for
the right of appeal inheres in no one and, therefore,
for maintainability of an appeal there must be
authority of law. This being the position a provision
providing for appeal should neither be construed too
strictly nor too liberally, for if given either of these
extreme interpretations, it is bound to adversely
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affect the legislative object as well as hamper the
proceedings before the appropriate forum. Needless
to say, a right of appeal cannot be assumed to exist
unless expressly provided for by the statute and a
remedy of appeal must be legitimately traceable to
the statutory provisions. If the express words
employed in a provision do not provide an appeal
from a particular order, the court is bound to follow
the express words. To put it otherwise, an appeal
for its maintainability must have the clear authority
of law and that explains why the right of appeal is
described as a creature of statute. (See: Ganga Bai
v. Vijay Kumar and others3, Gujarat Agro
Industries Co. Ltd. v. Muncipal Corporation of
the City of Ahmedabad and Ors.4, State of
Haryana v. Maruti Udyog Ltd. and others5,
Super Cassettes Industries Limited v. State of
U.P. and another6, Raj Kumar Shivhare v.
Assistant Director, Directorate of Enforcement
and another7, Competition Commission of India 3 (1974) 2 SCC 393 4 (1999) 4 SCC 468 5 (2000) 7 SCC 348 6 (2009) 10 SCC 531 7 (2010) 4 SCC 772
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v. Steel Authority of India Limited and
another8)
18. At this stage, it is necessary to clarify the position of
law which do arise in certain situations. The
competent authority under the Act while determining
the moneys due from the employee shall be required
to conduct an inquiry and pass an order. An order
under Section 7A is an order that determines the
liability of the employer under the provisions of the
Act and while determining the liability the competent
authority offers an opportunity of hearing to the
concerned establishment. At that stage, the delay in
payment of the dues and component of interest are
determined. It is a composite order. To elaborate, it
is an order passed under Section 7A and 7Q together.
Such an order shall be amenable to appeal under
Section 7I. The same is true of any composite order a
facet of which is amenable to appeal and Section 7I
of the Act. But, if for some reason when the
authority chooses to pass an independent order
under Section 7Q the same is not appealable. 8 (2010) 10 SCC 744
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19. Coming to the case at hand, it is evident that the
appellant had sent a communication dated 3.10.2007
to the Regional Provident Fund Commissioner
submitting that that establishment could not pay the
provision fund dues from 1998 due to financial crisis,
etc. and it was remitting Rs.83,01,037.80 (Rupees
eighty three lacs one thousand thirty seven and
eighty paise only) from 1998 to April 2006. Under
these circumstances, there was no adjudication with
regard to liability as the appellant company had
accepted the fault on its own. As it appears the
respondent does not have any cavil with regard to
the dues payable towards the provident fund by the
appellant to the company. What is disputed is that
the third respondent issued a demand notice on
23.10.2007 requiring the appellant to remit a sum of
Rs.94,27,334/- towards interest under Section 7Q of
the Act for the belated remittances made from
December 1998 to April 2006. The letter stated a
computation sheet was attached to said demand
notice which was rebutted by the petitioner by
sending a communication stating that it was not sent
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and it may be provided so that they may reconcile
the accounts. The demand notice manifestly has
been issued in exercise of power under Section 7Q of
the Act and is an independent action and against
such an order or issue of demand no appeal could
have been filed. Therefore, the conclusion of the
learned Single Judge as well as by the Division Bench
on the said score is not sustainable.
20. The next issue that arises for consideration is when in
independent exercise of power under Section 7Q a
demand comes into existence, whether the principle
of natural justice would get attracted or not. Section
7A (3) provides that no order shall be made under
sub-Section (1) unless the employer concerned is
given a reasonable opportunity of representing his
case. Section 14B which provides for recovery of
damages stipulates that before levying and recovery
of such damages, the employer shall be given a
reasonable opportunity of being heard. Learned
counsel for the respondent Nos. 1 to 3 would submit
that the first one is the initial determination and,
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therefore, an opportunity of hearing is given and the
second one which relates to imposition of damages
there is discretion on the part of the authorities but
as far as the levy of interest is component is
concerned, it being only an arithmetical calculation
the question of affording an opportunity to the
employer does not arise. Learned counsel for the
respondent has stressed upon the fact that when
interest payable by the employer is automatic and
the competent authority has no discretion to waive
the interest or reduce the interest or limit the interest
otherwise, the question of affording of an opportunity
of hearing to the employer is not warranted.
21. To appreciate the said submission we may refer to
the Constitution Bench decision in C.B. Gautam v.
Union of India and others9 . In the said case, the
Constitution Bench was dealing with the validity of
provision of chapter XX-C inserted in the Income Tax
Act, 1961 by the Finance Act of 1986. A contention
was advanced by virtue of incorporation of the
provision the appropriate authority had been 9 (1993) 1 SCC 78
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conferred powers of compulsory purchase of
immovable property which was punitive in nature. It
was submitted on behalf of the Union of India that
the said Chapter had been introduced to curb the
large-scale evasion of income-tax and to counter the
modes of tax evasion adopted by various assesses
which deprive the Government of its legitimate tax
deals. Section 269–UD provided for order by
appropriate authority for purchase of immovable
property by Central Government. The larger Bench
adverted to the issue of natural justice as a
contention was raised that there was no provision for
giving an opportunity of being heard before an order
was passed under the provision of sub-Section 269-
UD occurring in the said chapter. The Court referred
to the pronouncements in Union Union of India and
another v. Col. J. N. Sinha and another10 and
Olga Tellis v. Bombay Municipal Corporation11
and opined thus:-
“It must, however, be borne in mind that courts have generally read into the provisions
10 (1970) 2 SCC 458 11 (1985) 3 SCC 545
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of the relevant sections a requirement of giving a reasonable opportunity of being heard before an order is made which would have adverse civil consequences for the parties affected. This would be particularly so in a case where the validity of the section would be open to a serious challenge for want of such an opportunity.
29. It is true that the time frame within which the order for compulsory purchase has to be made is a fairly tight one but in our view the urgency is not such as would preclude a reasonable opportunity of being heard or to show cause being given to the parties likely to be adversely affected by an order of purchase under Section 269-UD(1). The enquiry pursuant to the explanation given by the intending purchaser or the intending seller might be a somewhat limited one or a summary one but we decline to accept the submission that the time-limit provided is so short as to preclude an enquiry or show cause altogether.”
[Emphasis supplied]
22. After so stating the Constitution Bench proceeded to
lay down that the requirement of a reasonable
opportunity being given to the concerned parties,
particularly, the intending purchaser and the
intending seller must be read into the provisions of
Chapter XX-C. In that context, the Constitution Bench
observed thus:-
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“The observance of principles of natural justice is the pragmatic requirement of fair play in action. In our view, therefore, the requirement of an opportunity to show cause being given before an order for purchase by the Central Government is made by an appropriate authority under Section 269-UD must be read into the provisions of Chapter XX-C. There is nothing in the language of Section 269-UD or any other provision in the said Chapter which would negate such an opportunity being given. Moreover, if such a requirement were not read into the provisions of the said Chapter, they would be seriously open to challenge on the ground of violations of the provisions of Article 14 on the ground of non-compliance with principles of natural justice.”
23. Presently we shall address to the nature of the lis
that can arise under this provision. There cannot be
any dispute that the Act in question is a beneficial
social legislation to ensure health and other benefits
of the employees and the employer under the Act is
under statutory obligation to make the deposit that is
due from him. In the event of default committed by
the employer Section 14-B steps in and calls upon
the employer to pay the damages. (See: Regional
Provident Fund Commissioner v. S.D. College,
Hoshiarpur and others12). Section 7Q which
provides for interest for belated payment is basically
12 (1997) 1 SCC 241
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a compensation for payment of interest to the
affected employees. This provision has been made
to secure just and humane conditions of work as has
been opined in Regional Provident Fund
Commissioner v. Hooghly Mills Company
Limited and others13. The language employed in
Section 7Q provides for levy of interest on delayed
payment and the rates have been stipulated. When
a composite order is passed or order imposing
interest becomes a part of the order or levy in any of
the provisions of the Act the authority grants a
reasonable opportunity of hearing to the
employer/affected party.
24. The issue that falls for consideration in this case
when the employer volunteers may be after long
delay to pay the dues, can he claim any right to
object pertaining to the interest component. On
certain occasions the authority on its own may issue
a demand notice under Section 7Q after long lapse of
time by computing the delay committed by the
employer in payment of the dues. We repeat at the 13 (2012) 2 SCC 489
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cost of repetition that it is a matter of computation
but sometimes computation is done when the main
order is passed and at times an interest component
is demanded separately by the competent authority.
To say that there cannot be any error at any point of
time will be an absolute proposition. There can be
errors in computation. It is difficult to hold that when
a demand of this nature is made in a unilateral
manner and the affected person is visited with some
adverse consequences no prejudice is caused.
Learned counsel for the respondent would contend
that the natural justice has been impliedly excluded
and for the said purpose she would emphasise upon
the scheme and the purpose of the Act. There is no
cavil for the fact that it is social welfare legislation to
meet the constitutional requirement to protect the
employees. That is why the legislature has provided
for imposition of damages, levy of interest and
penalty. It is contended that it is luminous that the
legislature always intended that when hearing takes
place for determination of the money due, the
component of interest would be computed and in
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that backdrop the affected person will have
opportunity of hearing. But in reality when an
independent order is passed under Section 7Q which
can also be done as has been done in the present
case the affected person, we are inclined to think,
should have the right to file an objection if he intends
to do. We are disposed to think so, when a demand
of this nature is made, it can not be said that no
prejudice is caused. It is highlighted by the
respondents that once the amount due is determined
the levy of interest is automatic. The rate of interest
is stipulated at 12 per cent or at a higher rate if so is
provided in the scheme. Despite this, there can be
errors with regard to the period and the calculation.
It is a statutory power which is exercised by the
competent authority under the Act. Once the said
authority takes recourse to the measure for
computation and sends a bald order definitely the
affected person can ask for clarification and when
computation sheet is provided to him he can file an
objection. Though, the area of delineation would be
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extremely limited yet the said opportunity cannot be
denied to the affected person.
25. We may state with profit that principles of natural
justice should neither be treated with absolute
rigidity nor should they be imprisoned in a straight-
jacket. It has been held in Ajit Kumar Nag v.
General Manager (PJ), Indian Oil Corpn. Ltd.,
Haldia and Others14 that the maxim audi alteram
partem cannot be invoked if the import of such
maxim would have the effect of paralyzing the
administrative process or where the need for
promptitude or the urgency so demands. It has been
stated therein that the approach of the Court in
dealing with such cases should be pragmatic rather
than pedantic, realistic rather than doctrinaire,
functional rather than formal and practical rather
than precedential. The concept of natural justice
sometimes requires flexibility in the application of
the rule. What is required to be seen the ultimate
weighing on the balance of fairness. The
14 (2005) 7 SCC 764
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requirements of natural justice depend upon the
circumstances of the case.
26. In Natwar Singh v. Director of Enforcement and
Another15, this Court while discussing about the
applicability of the rule had reproduced the following
passage:-
“It is not possible to lay down rigid rules as to when the principles of natural justice are to apply: nor as to their scope and extent. Everything depends on the subject-matter:” [see R. v. Gaming Board for Great Britain, ex p Benaim and Khaida16 at QB p. 430 C], observed Lord Denning, M.R.
... Their application, resting as it does upon statutory implication, must always be in conformity with the scheme of the Act and with the subject-matter of the case.”
27. In this context, we may fruitfully refer to the verdict
in Kesar Enterprises Limited v. State of Uttar
Praesh and Others17 wherein the Court was
considering the applicability of principles of natural
justice to Rule 633(7) of the Uttar Pradesh Excise
Manual. The said Rule provided that if certificate
was not received within the time mentioned in the
15 (2010) 13 SCC 255 16 (1970) 2 QB 417 17 (2011) 13 SCC 733
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bond or pass, or if the condition of bond was
infringed, the Collector of the exporting district or the
Excise Inspector who granted the pass shall take
necessary steps to recover from executant or his
surety the penalty due under the bond. A two-Judge
Bench referred to the decisions in Swadeshi Cotton
Mills v. Union of India18, Canara Bank v. V.K.
Awasthy19 and Sahara India (Firm) v. CIT20 and
came to hold as follows:-
“30. ... we are of the opinion that keeping in view the nature, scope and consequences of direction under sub-rule (7) of Rule 633 of the Excise Manual, the principles of natural justice demand that a show-cause notice should be issued and an opportunity of hearing should be afforded to the person concerned before an order under the said Rule is made, notwithstanding the fact that the said Rule does not contain any express provision for the affected party being given an opportunity of being heard.”
28. Regard being had to the discussions made and the
law stated in the field, we are of the considered
opinion that natural justice has many facets.
Sometimes, the said doctrine applied in a broad way,
sometimes in a limited or narrow manner. Therefore,
18 (1981) 1 SCC 664 19 (2005) 6 SCC 321 20 (2008) 14 SCC 151
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there has to be a limited enquiry only to the realm of
computation which is statutorily provided regard
being had to the range of delay. Beyond that
nothing is permissible. We are disposed to think so,
for when an independent order is passed making a
demand, the employer cannot be totally remediless
and would have no right even to file an objection
pertaining to computation. Hence, we hold that an
objection can be filed challenging the computation in
a limited spectrum which shall be dealt with in a
summary manner by the Competent Authority.
29. In the present case, it is manifest from the record
that the appellant had already deposited a sum of
Rs.34,00,000/- before the Competent Authority and
sought for supply of the calculation sheet the basis
on which the computation had been made so that it
could reconcile the accounts. We think it appropriate
to direct that the computation sheets shall be
provided to the appellant within three weeks and it
shall file its objection within two weeks therefrom
and thereafter the Competent Authority shall fix a
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date for reconciliation of the accounts. However,
regard being had to the fact that the Act is a piece of
social welfare legislation, we direct the appellant to
deposit a further sum of Rs.16,00,000/- within a
period of four weeks from today. If the amount is not
deposited within the time stipulated hereinabove, the
entire amount would be leviable and the right to file
objection shall stand extinguished.
30. Consequently, the appeal is allowed to the aforesaid
extent and the judgment and order passed by the
Division Bench and that of the learned single Judge
of the High Court are set aside. In the facts and
circumstances of the case, there shall be no order as
to costs.
.............................J. [Anil R. Dave]
.............................J. [Dipak Misra]
New Delhi; October 18, 2013.
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