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SCA/11103/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 11103 of 2011
=========================================================
UNION
QUALITY PLASTICS PVT LTD - Petitioner(s)
Versus
REGIONAL
PROVIDENT FUND COMMISSIONER & 2 - Respondent(s)
=========================================================
Appearance
:
MR
AS ASTHAVADI for
Petitioner(s) : 1,
MR NIRAL R MEHTA for Respondent(s) : 1,
DS
AFF.NOT FILED (N) for Respondent(s) : 2,
None for Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 20/10/2011
ORAL
ORDER
Heard
learned advocate Mr. A.S. Asthavadi for the petitioner.
Learned
advocate for the petitioner invited attention of the Court to order
under challenge passed by the Employees Provident Fund Appellate
Tribunal in ATA No. 10[5] of 2008, relevant part of which reads as
under:-
“Thus
in view of the discussion held above, the order of the authority
cannot be sustained. Hence, ordered, the matter is remanded back to
the PF authority to assess the dues @ 17% {inclusive of interest}.
The appellant is also directed to appear before the PF authority
within one month of receipt of this order. If the appellant fails to
appear the authority may decide the matter as per law. Copy of order
be sent to the parties. File be consigned to record room.”
Learned
advocate for the petitioner argued on assumption that the authorities
will calculate dues @ 17% (inclusive of interest) and it will be
higher than the one at which earlier it was calculated. This
apprehension is on surmises and, therefore, the contention is not
accepted.
At
the request of learned advocate for the petitioner, it is clarified
that in the event, the petitioner is aggrieved by the calculation
undertaken by the authority on its own interpretation of this order,
it will be open for the petitioner to challenge the same in
accordance with law.
With
this observation, the petition is disposed of. Notice is discharged
with no order as to costs.
[RAVI
R. TRIPATHI, J.]
pirzada/-
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