CWP-10974/2010 //1// S.B.CIVIL WRIT PETITION NO.10974/2010. Jaipur Zila Dugdh Utpadak Sahakari Sangh Ltd. Vs. Presiding Officer, Employees Provident Fund Appellate Tribunal & anr. DATE OF ORDER : 13/08/2010 HON'BLE MR. JUSTICE AJAY RASTOGI *** Mr.RK Kala, for petitioner Instant writ petition has been filed by the petitioner with the grievance that the Appellate Tribunal, while remanding the matter to the authority under Section 7A of the Employees Provident Fund Act, 1952, has observed in regard to the applicability of the provisions of the Employees Provident Fund Act for which the matter has been remanded to Authority. Counsel submits that so far as the applicability of the provisions of the Act is concerned, this has never been disputed by the petitioner, however, the grievance throughout raised was that the determination which has been made by the authority in exercise of its powers under Section 7A is erroneous and is not in conformity with the provisions of the Act and since the order of the authority under Section 7A was a non-speaking order as it failed to disclosed any reasons while computing CWP-10974/2010 //2// the amount under the Act, the appeal was preferred and it has not been considered by the appellate authority as well and if it is not clarified by this Court that the petitioner will have an opportunity to raise all objections in regard to determination and of enquiry made under Section 7A, while passing the order, the authority may confine the petitioner's submission only with regard to the applicability under the provisions of the Act. A bare perusal of the order passed by the Authority under Section 7A of the Act indeed appears to be a non-speaking order and is not supported by any material if has been considered by the authority. However, the appellate authority, taking note of the order under Section 7A being a non-speaking order, remitted the matter to the authority to examine it afresh and it has also taken note of the submissions with regard to the applicability of the provisions of the Act into consideration. In the opinion of this Court, once the matter has been remitted back to the authority, it will always be open for the parties to raise all objections available to him to be raised under law and it is expected from the authority to examine it independently while passing fresh order under Section 7A of the Act without being prejudiced by the order dt. 22/09/1997 (Anx.2) CWP-10974/2010 //3// passed by the Regional Provident Fund Commissioner, Rajatshan, Jaipur. With these clarification/modification, the writ petition stands disposed of. [AJAY RASTOGI], J. Raghu/p.3/ 10974-CW-2010-final.doc CWP-10974/2010 //4// CWP-10974/2010 //5//