WP/3104/1996 : 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3104 OF 1996 Bharat Cold Drink House, Nashik, and Anr. .. Petitioners V/s. Regional Provident Fund Commissioner (II), Nashik & Anr. .. Respondents Mr. M.S. Karnik for the Petitioners. Mr. Suresh Kumar for Respondent No.1. CORAM : SMT. NISHITA MHATRE, J. DATED : 2 ND AUGUST, 2010. ORAL JUDGMENT: 1. The Writ Petition challenges the order dated 11th August, 1995, passed by the respondents under Section 7A of the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952, (for short “the Act”). By the impugned order, the respondents also covered the petitioner-establishment under the aforesaid Act. 2. On a perusal of the order dated 11th August, 1995, it appears that the respondents have not taken into account the various contentions raised WP/3104/1996 : 2 : by the petitioners in their reply to the notice issued under Section 7A of the Act. It appears from the impugned order that the reason for covering the petitioner-establishment under the Act is that the petitioner No.2 had admitted that temporary employees are employed by the petitioners depending on the exigencies of work. On this basis, the respondents held that since the names of the temporary employees were not included in the attendance/wage register, it was possible that the documents maintained by the petitioners had been fabricated by them to avoid the liability under the Act. 3. The other contention raised by the petitioners, that they do not employ more than 20 employees has not been considered by the respondents. The impugned order does not reflect as to whether the petitioner-establishment was being run with or without power and therefore what would be the number of employees which would be necessary for coverage of the establishment under the Act. WP/3104/1996 : 3 : 4. In my opinion, therefore, it would be appropriate to remand the matter back to the respondents for conducting an enquiry under Section 7A of the Act. 5. The respondents will hold an enquiry under Section 7A of the Act and consider the reply which has already been filed by the petitioners. The petitioners may file any further reply and documents in support of their case. The petitioners will co-operate with the respondents to ensure that the enquiry under Section 7A of the Act is disposed of within a period of three months from today. 6. It is made clear that if the petitioners do not co-operate and produce the necessary records, the respondents shall complete the enquiry in accordance with law within the stipulated time. 7. The petitioners shall appear before the respondents on 23rd August, 2010, at 11:00 A.M. WP/3104/1996 : 4 : 8. The Writ Petition is disposed of with aforesaid directions. 9. Rule discharged accordingly.