( 1 ) THIS is the petition preferred under Articles 226 and 227 of the Constitution of India by M/s. Swastik Textile Engineers Private Limited, an employer within the meaning of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as, "the Act"), against the order dated 21st April, 1999 made by the Regional Provident Fund Commissioner (II) (hereinafter referred to as, "the Commissioner") under paragraph 26b of the Employees Provident Funds Scheme, 1952 (hereinafter referred to as, "the Scheme" ).

( 2 ) THE dispute is in connection with the liability of the petitioner to make provident fund contribution in respect of the amount of back-wages paid to the respondent no. 1 " workman in compliance with the order passed by the Labour Court.

( 3 ) THE petitioner had terminated the service of the workman on 7th June, 1982. In ensuing litigation, by award published on 27th September, 1991, the petitioner was directed to reinstate the workman in service and to pay him 75% of the back-wages. The workman was reinstated in service and was paid the back-wages in the sum of Rs. 61,079=10. The petitioner, however, did not deduct the amount of provident fund

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