MAA GAYATRI HOSPITAL Vs. ASSISTANT PROVIDENT FUND

JUDGEMENT

(1.) By this petition under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the order dated 1.12.2010 passed by the Employees Provident Fund Appellate Tribunal, New Delhi (for short, the Tribunal) in ATANo. 195(8)/2009, whereby the Tribunal has dismissed the petitioner's appeal against the order dated 27.10.2008 passed by the Assistant Provident Fund Commissioner, Ujjan under section 7A of the Employees Provident Fund Act.

(2.) According to the writ petitioner, the Tribunal has committed an error apparent on the face of record in not considering the various grounds raised by the petitioner in the appeal filed before the Tribunal. Learned counsel for the petitioner has urged that the Tribunal while calculating the number of employees have also taken into consideration the visiting doctors who were not the employees of the petitioner, but were employed in the other hospitals. Similarly the calculation on the basis of 'conductors' is also erroneous as no conductor has ever been employed by the petitioner. According to the petitioner, the order passed by the Tribunal is totally non -speaking and being passed ignoring the facts and the grounds raised by the appellant, it deserves to be set aside.

(3.) Thus , in view of the fact that the order is a non -speaking order, we quash the same and remit the matter to the Tribunal for passing a fresh speaking order after taking into consideration all the grounds as may be raised before it.