K.M. Thaker, J.—In this petition, the Employees Provident Fund Organization(hereinafter referred to as the department) has through the Assistant Provident Fund Commissioner, challenged an order dated 26.07.2007 passed by the Presiding Officer, Employees Provident Fund Appellate Tribunal(hereinafter referred to as P.F. Tribunal) in Case No. ATA/400(5)/2006, whereby the P.F. Tribunal has allowed the appeal preferred by the present respondent.

2. The facts involved in and relevant for the purpose of present petition are that the Regional Provident Fund Commissioner had raised demand against M/s. Santogen Spinning Mills Ltd.(hereinafter referred to “erstwhile establishment”) for Rs. 1,35,96,274/- inclusive of damages under Section 14(B) and interest under Section 7-Q of the Employees Provident Fund And Miscellaneous Provisions Act, 1952(hereinafter referred to as the PF Act). It appears that the erstwhile establishment, was declared a sick undertaking under the provisions of Sick Industrial Companies(special provisions) Act 1985(hereinafter referred to as SICA) and subsequently, proceedings under the provisions of The Securitisation And Reconstruction of Financial Assets and Enf