1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 10812 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 10812 OF 2010 *** 1. Heard Mr. Dhorde for Petitioner, Mr. K.B. Chaudhari for Respondent Nos.1 and 2. Service upon Respondent No.3 is dispensed with. 2. Shri Dhorde invites attention to orders of this Court dated 20th July, 2004 to urge that there is specific finding that material on record was not sufficient to show engagement of 20 or more employees for period from 22nd September, 1997 to 22nd June, 2003. He states that the order was passed by Respondent no.1 under section 7A behind the back of petitioner and hence this Court was approached. In the light of these findings, Petitioner was permitted to move Appellate Authority under section 7-I of Employees Provident Fund and Miscellaneous Provisions Act. That appeal was filed after depositing 75% of the amount, as per directions of this 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 10812 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. Court for the period from 1st June, 2003 onwards. In impugned order, the Appellate Authority has not looked into this specific challenge and has mechanically noted that number of employees was 17 regular plus 6 casual. He, therefore, prays for quashing and setting aside the said order dated 26th August, 2010. 3. Advocate Mr. Chaudhari supports the order passed by Appellate Authority. He contends that Petitioner deliberately did not cooperate during section 7A inquiry. 4. It is not necessary for me to go into more details as I find that specific contention about number of employees raised by petitioner in appeal under section 7-I has not been looked into by the Appellate Authority. Not only this, the observations, though made prima facie by this Court in its order dated 20th July, 2004 are also not considered therein. 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 10812 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 5. In view of this, interest of justice can be met with by directing petitioner to appear before Respondent No.1 and to cooperate with that authority in section 7A inquiry for finding out the applicability of Act and to determine the quantum of the amount due and recoverable. For said purpose, order dated 19th March, 2004 passed under section 7A by Respondent No.1 Authority is hereby quashed and set aside. Proceedings are restored back to its file for taking fresh decision. Petitioner to appear before the Respondent No.1 on 7th March, 2011 and shall cooperate with it in expeditious adjudication of the controversy. Rule made absolute accordingly. No costs. [B.P.DHARMADHIKARI, J.] Dated:14/02/2011. ans/10812