- (1.) This intra-court appeal under Clause X of the Letters Patent has been filed against the order dated 04.08.2015 passed by the learned Single Judge, whereby the writ petition (CWP No. 1132 of 2011) filed by the appellants challenging the order/Award dated 09.04.2010 (Annexure P-4) passed by the Employees' Provident Fund Appellate Tribunal, New Delhi, has been dismissed.
(2.) Though there is delay of 5 days in filing the appeal and the appellant has filed application (CM No. 3831-LPA of 2015) for condoning the said delay, yet we have heard learned counsel for the appellant on merits and have gone through the impugned order passed by the learned Single Judge.
(3.) In this case, on an appeal filed by M/s Riba Textiles Limited (respondent No.1 herein) against the order dated 09.09.2005 (Annexure P-1) passed by the Provident Fund authority under Section 14B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as 'the Act') directing the respondent No.1 employer to deposit the damages and interest. On an appeal preferred by respondent No.1, the Employees' Provident Fund Appellate Tribunal, New Delhi, set aside the said order and remanded the matter back to the Provident Fund authority with a direction to assess the liability at the rate of 27% inclusive of the interest. While remanding the matter, the Appellate Tribunal came to the conclusion that while fixing the liability of damages and interest, the Provident Fund authority has not looked into the grounds of financial problems taken by respondent No.1 employer and the order was nonspeaking and did not reveal the manner of assessment.;