HINDUSTAN TIMES LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal preferred against the judgment of the Delhi High Court dated 28-8-1980 in C.W.P. No. 843 of 1980 dismissing the writ petition of the petitioner. The writ petition was filed questioning the order of the Regional Provident Fund Commissioner dated 7-5-1980 passed under S. 14-B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter called the 'Act') levying damages in a sum of Rs. 44,220.00 and Rs. 1,035.50 for delay in remitting the employees provident fund contribution within the period stipulated in para 38.10 of the Employees' Provident (Fund) Scheme, 1952 for the period July 65, October 65, December 65, January 66 to March 66, August 66, July 67, August 67, May 68, July 68 to November 68.

(2.) The writ petition was dismissed by a Division Bench of the High Court on 28-8-1980 by a non-speaking order merely saying "dismissed." It is against the said judgment that this appeal has been preferred.

(3.) The facts of the case are as follows: The appellant is the employer. On account of delay in payment of provident fund contributions, a notice was issued on 23-2-71 by the Department complaining of delays in remitting the provident fund amounts for the period July 65, October 65, December 65 to March 1966, August 1966, September 1966, December 1966 to February 67, July 67 to August 67, January 68, April 68 to November 68 and September 1972 and stating that the amounts were credited in the accounts of the department only after 20th of the 'following' months. The appellant was requested to inform whether the cheques for these months were "tendered" "on or before 20th of the following month" to which the payment relates. The appellant sent a letter dated 19-12-1972 giving only the dates on which the cheques were signed by the appellant. Therefore, the department sent a further letter dated 10-1-1973 asking the appellant to furnish "proof of the dates of presentation of cheques".