High CourtsSingle Bench(1988) 10 P&H CK 0086

M/s. Master Tools Corporation, Basti Nau Jullunder City vs The Regional Provident Fund Commissioner for Punjab, Haryana, Himachal Pradesh and U.T. of Chandigarh, and another

Punjab And Haryana At Chandigarh · Decided on 4 October 1988

HON’BLE JUDGES
S.S. Sodhi, J
RESULT
Allowed
CASE NUMBER
Civil Writ Petition No. 2868 of 1979

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Judgment

2 paragraphs · 182 words

S.S. Sodhi, J.—The impugned order of the Regional Provident Fund Commissioner passed u/s 14-B of the Employees Provident Funds and Miscellaneous Provisions Act, 1952, is clearly not a "speaking order" in terms of the judgment of this. Court in Civil Writ Petition No. 3476 of 1978 (M/s. Tayler Instruments Company (India) Ltd. Faridabad v. Regional Provident Fund Commissioner, Chandigarh)C.W.P.3476of 1978 decided on August 22, 1984 and it is so accepted by the Counsel for both the parties. It was obligatory on the part of the Commissioner to determine in the first instance the amount of interest on delayed payments which would flow to the employees as reparatory damages and then the amount which has to go to wards the fund as constituted u/s 5 of the said Act This has not been done in the present case. The impugned order is consequently, hereby, set aside. It shall, however, be open to the Regional Provident Fund Commissioner to pass fresh orders in accordance with law

2.

This writ petition is, thus, allowed, on these terms. There will be no orders as to costs.