SREEKAMAKSHY AGENCY PVT LTD Vs. EMPLOYEES PROVIDENT FUND

JUDGEMENT

(1.) The petitioner having failed to pay the contribution under the Employees Provident Funds and Miscellaneous Provisions Act, 1952 in time and the various other contributions payable under the pension fund and deposit link insurance fund contributions for the period between 4/95 and 12/2000, the Regional Provident Fund Commissioner by Ext. P1 order dated 22.7.2002 assessed damages under Section 14B of the Act for an amount of Rs. 11,17,495/- and petitioner was called upon to pay the said amount. It is the contention of the petitioner that it was only on account of the serious financial crisis that was faced by the petitioner that the contributions could not be paid in time. The petitioner preferred an appeal before the Employees Provident Fund Appellate Tribunal as A.T.A. No. 675 (5) 2002. The appellate authority, however, did not interfere with the order passed, having come to the conclusion that the financial loss suffered by the petitioner is not a ground for interfering with the damages.

(2.) Petitioner, therefore, challenges Exts. P1 and P4 orders.

(3.) Learned counsel for the petitioner also relies upon Division Bench judgments of this Court ESI Corporation v. Premanandan, 2007 2 KerLT 666, Employees State Insurance Corporation v. HMT Limited and another, 2008 3 SCC 35 and another judgment of the learned Single Judge in Harrisons Malayalam Limited (M/s.) v. Regional Provident Commissioner and Others,2012 1 KHC 243.