STAR CONSTRUCTION TRANSPORT CO Vs. STATE OF MYSORE

JUDGEMENT

(1.) The petitioner Star Construction and Transport Co., a registered firm of partners having its business in Bangalore, has challenged in this writ petition the order made by the Government of Mysore under S. 14B of the Employees' Provident Funds Act, 1952 (hereinafter referred to as the Act), whereby the petitioner has been directed to pay damages of Rs.12,324-50 on the ground that the petitioner has committed delay in making contribution towards the Provident Fund and administrative charges. The said order of the Government dt. 16-8-1969 bearing N. FCL 455 LPF 68 is produced in the case as Annexure II.

(2.) On 21-12-1968 the Government of Mysore issued a notice to the petitioner under S.14B of the Act requiring the petitioner to show cause why a sum of Rs.18,938-15 should not be recovered as damages on the ground that the petitioner has not paid contribution to the Fund within the prescribed time as well as the administrative charges for the period from January 1966 to February 1968. The details about the defaults committed and the proposed damages are contained in a statement enclosed to the said notice. The petitioner gave a reply on 4-1-1969. In the said reply, he raised several contentions against the proposed action and inter alia contended that a personal hearing should be given before taking any action in the matter.

(3.) Thereafter the petitioner received a second notice issued by the State Government of Mysore on 2-5-1969. This notice is also under S.14B of the Act. The petitioner has been required by the said notice to show cause why damages of Rs. 12,324-50 should not be recovered from the petitioner on the ground that it has not paid contribution to the Fund and the administrative charges within the prescribed time for the period from January 1966 to January 1968. Though it is not stated in so many words that the earlier notice given by the State Government on 21-12-1968 has been abandoned, it appears to us that that is the clear effect of the second notice given by the State Government on 2-5-1969. inasmuch as the same pertains to the same period as was covered by the earlier notice of 21-12-68.