-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.721 OF 2006 In WRIT PETITION NO.1350 OF 2006 National Textile Corporation (Maharashtra North) Limited : Appellant (Orig.Petitioner) V/s. Regional Provident Fund Commissioner & Ors. : Respondents ... Mrs.M.H. Doshi for the appellant. Ms S.V.Bharucha for respondent nos.1 & 2. ... CORAM : R.M.LODHA & S.A.BOBDE,JJ. DATE : NOVEMBER 17, 2006. P.C. 1. The counsel for the respondent nos.1 and 2 invited our attention to the Minutes of the meeting of the Committee on Disputes dated 29.8.2006. Item no.2 of the said Minutes reads thus:- -: 2 :- --------------------------------------------------------------------- "a)Appellant Issue(s) involved a)Appl.Ref. Appln. a) Quantum No. against involved b) Respondent b)Date a)auth. (Rs.in lacs) c)Appeal whose order b)Period in is disputed involved b)order no. c)order date National Recovery of pre- NTC/11(285)/ Asstt.P.F. Textile nationalisation (5)/05/Vol. Commiss- Amount Corporation PF dues in respect IV-MN ioner 650.09 Limited of India united 12.04.2006 Mills No.1 to 6 and High Court Employees pre-taken over PF Provident dues of Shree Sitaram Fund Mills and Jam Mills. Organisation The Committee heard the parties to dispute at considerable length and expressed the view that the full facts of the case were not submitted before it either by the appellant or by the respondent and moreover liquidated damages can never be charged as a matter of profit. The representative of EPFO submitted that there is a provision in the Act itself for waiver of damages if BIFR approved the revival scheme of the sick undertakings. In view of the above, while declining to permit NTC Limited to pursue the appeal before the Hon’ble High Court, the Committee directed that they may approach EPFO in the matter." 2. In this view of the matter, the present appeal ought not to have been filed by the NTC. 3. Dismissed accordingly. R.M. LODHA, J. -: 3 :- S.A. BOBDE, J.