ORDER :

1. The petitioner/Regional Provident Fund Commissioner Employees' Provident Fund Organization has filed the present Writ Petition (L) under Article 226/227 of the Constitution of India challenging order dated 08.09.2009 (Annexure P/1) passed by respondent No. 2 (Employees Provident Fund Appellate Tribunal) in ATA No. 22(8)2008 (M/s Bilaspur Spinning Mills and Industries Ltd. Vs. RPFC, Chhattisgarh).

2. Learned counsel for the petitioner would submit that he has filed application for amendment in the writ petition and would pray that above Regional Provident Fund Commissioner, Central Board of Trustees, EPF be allowed to incorporate. The said amendment is allowed. The petitioner has also filed an application for taking document on record which was copy of the judgment passed by Coordinate Bench of this Court in WPL No. 5032 of 2011, the same is allowed.

3. The brief facts as reflected from the record are that petitioner issued a notice to respondent No. 1 on 03.01.2007 (Annexure P/4) alleging there is delay in remittance of provident fund dues. The notice was issued for assessment of damages for delay remittance of provident fund dues for the period from March, 1982 to April, 2