Letters Patent Appeal No. 1748 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No.1748 of 2010 (O&M) Date of Decision: 17.12.2010 M/s Haryana Sheet Glass Limited ..Appellant Versus Regional Provident Fund Commissioner and another ..Respondents CORAM : HON'BLE MR. JUSTICE M.M.KUMAR HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. P.K.Mutneja, Advocate for the appellant. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M.KUMAR, J. The instant appeal under Clause X of the Letters Patent is directed against order dated 27.5.2010 passed by the learned Single Judge partially setting aside order dated 4.9.2008 (P-4) rendered in Civil Writ Petition No. 21871 of 2008. The learned Single Judge has also directed that the matter be remanded to the Assistant Provident Fund Commissioner for fresh decision by giving the appellant reasonable opportunity of being heard and they were directed to appear before the Assistant Provident Fund Commissioner on 12.7.2010. Vide order dated 4.9.2008 (P-4), the Provident Fund Appellate Tribunal has restricted the amount of damages upto 17% per annum on the arrears of contribution which are to be paid in five equal instalments. The learned Single Judge found fault with the Letters Patent Appeal No. 1748 of 2010 (O&M) 2 order of the learned Appellate Tribunal in interfering with the amount of penalty as damages and set aside that part of the order being contrary to the provisions of Section 14 (B) of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952. Having heard learned counsel, we are of the view that directions issued by the learned Single Judge are unexceptionable and do not warrant any interference, particularly when the matter has been remanded back to the Assistant Provident Fund Commissioner, Karnal and parties were directed to appear before him on 12.7.2010. Accordingly, the appeal fails and the same is dismissed. However, we direct the Computer Branch of this High Court to make a note that the instant appeal has been filed only in Civil Writ Petition No. 21871 of 2008 decided on 27.5.2010 whereas Civil Writ Petition Nos. 14811 and 20036 of 2008 were also decided by the same order. In a Letter Patent Appeal to be filed by the appellant, a reference to this decision may be made to assist and facilitate the Letter Patent Bench. ( M.M.KUMAR ) JUDGE ( RITU BAHRI ) 17.12.2010 JUDGE VK