1 K IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIIT PETITION NO.379 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr.Sudhir Talsania i/b Mr.Aumkar Joshi for Petitioner. Ms. S.V.Bharucha for respondent. CORAM : K.K.TATED,J. DATE : 22/03/2011. PC: 1 Heard the learned counsel for parties. 2 By this petition under Article 226 of the Constitution of India, petitioner is challenging the order dated 16th November, 2010 passed by the Employees Provident Fund Appellate Tribunal, New Delhi in Appeal No. 851 (9) of 2007 at Exhibit “L”, an order dated 30th May, 2007 and 12th September, 2007 passed by the 2 Respondent no.1 at Exhibit ‘G’ and ‘I’ respectively. The learned counsel appearing on behalf of Petitioner submits that the authority without following the procedure prescribed by the Supreme Court in the Judgment of Food Corporation of India vs. The Provident Fund Commissioner and others reported in 1990 (1) SCC 68 passed the impugned order to pay the provident fund in respect of the employees of their contractor also. This fact is not disputed by the learned counsel for the Respondent. 3 Considering the submissions made by the learned counsel appearing on behalf of Petitioner and the averments made in the writ petition, the order dated 30th May, 2007 and 12th September, 2007 passed by the Assistant Provident Fund Commissioner, R.O., Pune are hereby quashed and set aside. Consequently, the order dated 16th November, 2010 passed 3 by the Employees Provident Fund Appellate Tribunal, New Delhi in Appeal No.851 (9) of 2007 is also quashed and set aside. 4 The proceedings are remitted back to the Assistant Provident Fund Commissioner to be decided in accordance with law and after giving opportunity to the Petitioner to present its case. The copies of all the complaints, documents and other material sought to be relied upon by the department shall be furnished to the Petitioner. 5 The Petitioners are directed to furnish the present correct addresses of their contractors to the Assistant Provident Fund Commissioner within two weeks from today, so that he can take appropriate steps. 6 Before passing any order the Assistant Provident Fund Commissioner to 4 call upon the Petitioners contractors namely, 1) Smt. Pushabai Kamble, 2) B.D.Dorge, 3) Shubham Services, 4) G.S.Parida Services, 5) Sumeet Labour and Manpower Consultants Private Limited, 6) Secret Services and 7) Unique Delta force security private limited, for providing information. Authority also expected to take into consider the judgment of the Hon’ble Supreme Court of India in the matter of Food Corporation of India vs. The Provident Fund Commissioner and others reported in (1990) 1 SCC 68. The proceedings shall be concluded as early as possible but in any case by 31/12/2011. 7 It is common ground that the Assistant Provident Fund Commissioner has already recovered a sum of Rs.1,39,41,474/- (Rupees One crore thirty nine lakhs fourty one thousand four hundred and seventy four only) from the Petitioner pursuant to the impugned 5 Order dated 30th May, 2007. Out of the said amount the Assistant Provident Fund Commissioner shall retain an amount of Rs.66,38,381/- (Rupees Sixty six lakhs thirty eight thousand three hundred eighty one only) subject to the outcome of 7A proceedings which are remitted back to him vide this Order. The balance amount of Rs.73,03,093/- (Rupees Seventy three lakhs three thousand ninety three only) shall be refunded to the Petitioner within four weeks from today. 8 Writ Petition stands disposed of accordingly. 9 No order as to costs. (K.K.TATED,J.)