C DHANVANTRAI & CO Vs. MAHESH KUMAR

JUDGEMENT

(1.) By this petition filed under Article 226 of the Constitution of India, the petitioners have impugned order dated 18th April 1990 and order dated 21st October, 1992 passed by respondent No. 1. By order dated 18th April, 1990 passed under Section 7-A of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 the respondent No. 1 has held that the petitioner No. 1 was liable to be clubbed with respondent Nos. 4 to 7 for purpose of applicability of the said Act from inception. By order dated 21st October, 1992, the respondent No. 1 has quantified the amount payable.

(2.) This petition was argued at length by learned counsel for all the parties.

(3.) The respondent No. 1 desires to rely on additional material in support of the main order dated 18th April, 1990. The learned counsel for respondent No. 1 has tendered an affidavit in this behalf. The petitioner and respondent Nos. 4 to 7 also desire to rely on additional material not relied upon in the impugned proceedings. It is in interest of justice that both sides be allowed to lead additional evidence in fresh enquiry to be held on remand.