By the said judgment the High Court, after setting aside the order passed by the Assistant Provident Fund Commissioner, has remitted the matter to the Assistant Provident Fund Commissioner to pass a fresh order after hearing the appellant giving reasons for the companyclusions reached by him particularly as regards employment of 100 workmen by the appellant.
138/95 R wherein in relation to the period from January 1989 to November 1992 relating to the same establishment of the appellant, wherein the High Court has set aside a similar order passed by the Assistant Provident Fund Commissioner under Section 7A of the Act on the view that the order does number companytain the basis on which the authority determined the strength of the workmen employed by the appellant.
Respondent 2 herein, in proceedings under Section 7A of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 hereinafter referred to as the Act relating to determination of the liability for provident fund in respect of the establishment of the appellant for the period December 1992 to February 1994.
By the said order the Assistant Provident Fund Commissioner has determined the liability of the appellant in respect of provident fund dues for the said period.
Since the said case relates to the earlier period from January 1989 to November 1992 and in the present case the determination has been made in respect of the period subsequent thereto from December 1992 to February 1994, the determination that will be made in respect of the earlier period in pursuance of the aforesaid directions given by the High Court is bound to have a bearing on the liability of the appellant for the subsequent period.
Mr. S.C. Agrawal, J. Delay companydoned.
In the said writ petition the appellant had challenged the order dated January 23, 1995 passed by the Assistant Provident Fund Commissioner, Ranchi.
Special leave granted.
131/95 R filed by the appellant against the order of the learned Single Judge in CWJC No.652/95 R .
This appeal is directed against the judgment of the Patna High Court dated December 4, 1995 in Letters Patent Appeal No.
