JUDGMENT :

Jayant Patel, J.

The present appeal is directed against the order dated 9.1.2013 passed by the learned Single Judge of this Court in Special Civil Application No.3191 of 1995, whereby the learned Single Judge, for the reasons recorded in the order, has dismissed the petition, but with the further observation that the amount already contributed shall not be recovered from the employees concerned.

2. We have heard Mr. Girish Patel, learned Sr. Counsel appearing with Mr.Mavlankar, learned Counsel for the appellants, Mr. Vakil, learned Counsel for respondent No.1 and Mr.Rao, learned Counsel for respondent No.2, upon advance copy.

3. The contention raised on behalf of the appellants is that in Paragraph 26(6) of the Scheme 1952, there is no express provisions made for limiting the liability of contribution of the employer concerned, in any manner whatsoever, whereas, so far as the other cases are concerned, the same have been expressly provided. It was submitted that since there is absence of limitation of liability of the employer, it could be termed as conscious omission on the part of the Parliament and hence, it should be interpreted that the employer could be liable to contr