2018 (7) TMI 2206

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nd affirmed the order dated 06.09.2016 passed by the Employees Provident Fund Appellate Tribunal, New Delhi in ATA No. 214(8) of 2015. 3. The facts of the case lie in a narrow compass and it would be clear from the facts stated hereinbelow. 4. On 19.05.2008, the Appellant-Central Board of Trustees issued summons Under Section 7A of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (hereinafter referred to as "the Act") to the Respondent-M/s. Indore Composite Pvt. Ltd. for non-payment of the Provident Fund contribution in the year 2005-2006 on the wages lesser than the minimum wages prescribed for the employees under the category of semi-skilled. The representative of the Respondent attended the enquiry and submitted that....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....#39;s writ petition. 10. Heard learned Counsel for the parties. 11. Having heard the learned Counsel for the parties and on perusal of the record of the case, we are constrained to allow the appeal, set aside the impugned order and remand the case to the Division Bench of the High Court for deciding the writ petition afresh on merits in accordance with law. 12. After setting out the facts, the Division Bench proceeded to disposed of the writ petition with the following observations in its concluding paras which read as under: On due consideration of the aforesaid on the basis of the fresh documents and affidavit for taking additional documents on record, we cannot direct the establishment to pay damages for the period from March 2006-A....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ized on the Courts the need to pass reasoned order in every case which must contain the narration of the bare facts of the case of the parties to the lis, the issues arising in the case, the submissions urged by the parties, the legal principles applicable to the issues involved and the reasons in support of the findings on all the issues arising in the case and urged by the learned Counsel for the parties in support of its conclusion. It is really unfortunate that the Division Bench failed to keep in mind these principles while disposing of the writ petition. Such order, in our view, has undoubtedly caused prejudice to the parties because it deprived them to know the reasons as to why one party has won and other has lost. We can never coun....