H.K. NAGENDRA, PROPRIETOR, JUPITER CONSULTANCY SERVICES, JALAHALLI CROSS, BANGALORE Vs. THE ASSISTANT PROVIDENT FUND COMMISSIONER, YESHWANTHPUR II STAGE, BANGALORE AND ANOTHER

JUDGEMENT

(1.) Though matter is listed for preliminary hearing, by consent of learned Advocates, it is taken up for final disposal.

(2.) Petitioner has called in question order dated 27-6-2016 Annexure-D passed under Sec. 14-B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (for short, 'EPF Act') by first respondent where under damages payable by the Establishment M/s. Jupiter Consultancy Services has been quantified of which the petitioner is the Proprietor and it has been ordered that petitioner is liable to pay a sum of Rs. 3,30,839.00.

(3.) Perusal of the impugned order would indicate that notice came to be issued after initiating proceedings under Sec. 14-B of the EPF Act by the respondent enclosing therewith the statement showing the details of delayed payments made during the period June 2000 to Aug. 2014 by the Establishment M/s. Jupiter Consultancy Services, which is undisputedly a covered establishment. For reasons best known, petitioner did not appear on all the dates of hearing, though intermittently either by himself or through his authorised representative he had appeared. As such, the respondent-authority having noticed that the proceedings had been pending for the past 11/2 years and there being no other option, proceeded to adjudicate the notice dated 17-2-2015 and passed the impugned order fixing the liability on the petitioner to pay a sum of Rs. 3,30,839.00 as afore stated. Aggrieved by this order, petitioner is before the Court.