Punjab-Haryana High Court
Dav College Trust And Managing Society ... vs Employees Provident Fund Appellate ... on 11 March, 2013
Author: Rajiv Narain Raina
Bench: Rajiv Narain Raina
C.M. No.3599 of 2013 in/and 1
Civil Writ Petition No.21706 of 2011
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
C.M. No.3599 of 2013 in/and
Civil Writ Petition No.21706 of 2011
Date of Decision:11.03.2013
DAV College Trust and Managing Society and another ...... Petitioner
Versus
Employees Provident Fund Appellate Tribunal, New Delhi and others
...... Respondents
CORAM:- HON'BLE MR. JUSTICE RAJIV NARAIN RAINA
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Present: Mr. R.S. Cheema, Advocate for the petitioners.
Mr. Sandeep Goyal, Advocate for respondents No.2 and 3.
1. To be referred to the Reporters or not?
2. Whether the judgment should be reported in the Digest?
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RAJIV NARAIN RAINA, J. (Oral)
C.M. No.3599 of 2013
Allowed as prayed for.
CWP No.21706 of 2011 This Court passed the following order on 23.11.2011:
"Notice of motion for 15.2.2012 on the limited ground as to why the matter be not remanded to respondent No.3 for re-determination of the petitioners' liability in the light of the notifications and/or the Pension and CPF Schemes allegedly applicable to its employees.
Since the amount in question has already been recovered, ad-interim stay is declined."
The examination of the impugned order dated 29.8.2011 (Annexure P-14) passed by the Employees' Provident Fund Appellate Tribunal, New Delhi, discloses that this is short of measuring up to a judicial determination and the C.M. No.3599 of 2013 in/and 2 Civil Writ Petition No.21706 of 2011 notifications and the schemes framed under the Employees Provident Fund Miscellaneous Provisions Act, 1952 as no discernible or cogent reasons are noticed therein to support the conclusion reached.
Without expressing any opinion on the merits of the case or entering upon a further examination of the facts, the impugned order is set aside and the matter is remanded to the Employees' Provident Fund Appellate Tribunal, New Delhi, for re-determination in the light of the interim order dated 23.11.2011 which is made absolute. Let the fresh exercise be done as expeditiously as possible.
Disposed of in the above terms.
( RAJIV NARAIN RAINA ) JUDGE 11.03.2013 rajeev