INDIAN OIL CORPORATION LTD., (IBP DIVISION) Vs. REGIONAL PROVIDENT FUND COMMISSIONER, NAV BHARAT PRESS COMPLEX

JUDGEMENT

(1.) Indian Oil Corporation Limited/the petitioner herein calls in question the order dated 5.6.2008 (Annexure P/1) passed by the Employees Provident Fund Appellate Tribunal, New Delhi in ATA No. 652(8)/2003, whereby the EPF Appellate Tribunal has partly allowed the appeal of the petitioner reducing the amount of damages to the extent of 30% and directing to pay the amount of damages to the extent of 70% of the damages of Rs. 4,27,969/- under Section 14-B of the Employees' Provident Funds and Misc. Provisions Act, 1952 (hereinafter called as "Act of 1952").

(2.) The Regional Provident Fund Commissioner, Regional Office, Raipur by its order dated 9.6.2003 (Annexure P/2) finding that there is delay in making the payment of provident fund dues imposed Rs. 4,27,969/- towards damages under Section 14-B of the Act of 1952 and also directed for payment of interest to the extent of Rs. 2,33,438/- under Section 7-Q of the Act of 1952. The petitioner herein preferred an appeal before the Employees Provident Fund Appellate Tribunal, New Delhi. The Employees Provident Fund Appellate Tribunal, New Delhi by its order dated 5th June, 2008 (Annexure P/1) partly allowed the appeal and reduced the amount of damages from 100% to the extent of 30%.

(3.) Feeling aggrieved against the order of the the Employees Provident Fund Appellate Tribunal in not allowing the appeal in toto, the present writ petition has been filed.