1 wp-5672-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION W.P. NO. 5672 OF 2009 M/s.Auram Engineers Pune ..Petitioner Vs. Employees Provident Fund Organization, Pune and Ors. ..Respondents .... Mr. A.D.Patwardhan Adv. for Petitioner Ms.S.V.Bharucha for Respondents. .... CORAM : SMT.V.K.TAHILRAMANI,J. DATE : AUGUST 6, 2009 P.C.: 1. Heard the learned counsel for the petitioner and the learned counsel for the respondents. 2. Rule. By consent of the parties, rule is made returnable forthwith. 3. The petitioner is aggrieved by order dated 29th August, 2008 passed by the respondent no.2-Assistant Provident Fund Commissioner, Pune. On reading the said order, it is clear that the matter was relating to determination of Employees Provident Fund, Employees ’ Pension Funds, Employees ’ Deposit Linked Insurance Funds Contributions and Administrative Charges due from the petitioner. This determination under 7A of the Employees ’ Provident Fund and Miscellaneous Provisions Act, 1952 was in respect of the period from June 2003 to 2 wp-5672-09 March 2005. However, it is seen that though the determination was for a period from June 2003 to March 2005, the order is passed in respect of the period from April 2007 to August 2007. When the determination was for a period from June 2003 to March 2005, the order could not have been passed for the period from April 2007 to August 2007. Moreover, it is seen that it is an exparte order. Had the petitioner been present, the proper period could have been considered and accordingly an order would have been passed. 4. In view of the above facts, the order dated 29th August, 2008 is set aside. So also, the notice dated 6th April, 2009 passed consequent to the order dated 29th August, 2008 is also set aside. Respondent no.2 to consider the matter afresh and dispose it of in accordance with law. Petitioner shall appear before the respondent no.2 on 27th August, 2009. Petition is disposed of in the above terms. Rule made absolute accordingly. [ SMT.V.K.TAHILRAMANI,J.]