REGIONAL PROVIDENT FUND COMISSIONER-II & ANOTHER Vs. SANATAN DHARMA MANDAL SIKSHA SAMITI & ANOTHER

JUDGEMENT

(1.) The present intra-Court appeal assails the order of writ Court passed in W.P. No. 5845/2016 whereby petition in question has been disposed of with a direction to the respondents therein/appellants herein to consider the representation made by the petitioner vide Annexure P-6 dated 10.02.2015 by passing a speaking order.

(2.) The brief facts giving rise to present writ appeal are that in the first round of litigation, the respondent being aggrieved by determination of sum under Section 7-A of EPF and MP Act 1952, approached the EPF Tribunal where the appeal of the respondent was rejected thereby impelling the respondent to approach the Division Bench of this Court in W.P. No. 935/2012 which came to be decided by order dated 19.04.2012 vide Annexuer P-4 to the extent of setting aside the order of tribunal and as well as order under Section 7 A and 7 Q order with direction to EPF to pass a fresh order after considering the observation made by the Division Bench in regard to Section 16- B of the Act. The competent authority, thereafter, passed the consequential order on 22.04.2013 vide Annexuer P-5 determining an amount under Section 7-A in different two heads i.e. for aided employees and for unaided employees to the tune of Rs. 159372 and Rs. 401666 respectively.

(3.) Thereafter, the petitioner availed the remedy under Section 7-B of review which was dismissed by the reviewing authority vide Annexure P-8 dated 26.03.2014 thereby confirming the earlier order passed under Section 7-A. Thereafter, the petitioner preferred a representation (AnnexureP-6) on 10.02.2015, before the appellants herein.