JUDGEMENT
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(1.) All these cases are connected and they have been filed at theinstance of the Food Corporation of India challenging the order passed by the Regional Provident Fund Commissioner. At the time when C.W.P. No. 14334 of 1992 was brought for admission for admission, the Bench of this Court has directed that the case would be listed after the decision is taken in C.W.P. No. 4619 of 1988. The decision has been rendered in the above case on 18.09.2006. In the operative para of the order, the Court has observed thus:
Learned counsel for the petitioner relied upon judgment of the Hon'ble Supreme Court in FCI's case . In the said case, the Provident Fund Commissioner determined the amount due on the ground that the FCI failed to maintain registers in respect of workers employed, as required under the provisions of the Contract Labour (Regulation and Abolition) Act, 1970. The Hon'ble Supreme Court observed that power given to the Commissioner was not to decide abstract questions of law but to determine actual concrete differences in payment of contribution and other dues by identifying the workmen and it would be failure to exercise the jurisdiction if the Commissioner did not exercise powers to collect evidence. The matter was remanded to the Commissioner to pass a fresh order.
In the present case also, the Commissioner has not summoned the contractors to identify the workers and has determined the dues without doing so. In view of judgment relating to the case of the petitioner itself, the matter will have to be remanded back to the Provident Fund Commissioner for passing a fresh order in the light of the said judgment of the Hon'ble Supreme Court. This question stands answered accordingly.
In view of the above, the impugned order is set aside and the matter is remanded to the Regional Provident Fund Commissioner for passing a fresh order in accordance with law. The petitioner will remain bound by the statement made in this Court recorded hereinabove.
The writ petition is disposed of accordingly.
All the writ petitions are disposed of in terms of the above said direction.;
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