EMPLOYEES PROVIDENT FUND ORGANIZATION Vs. ROLLWELL FORGE LTD

JUDGEMENT

(1.) The present Appeal under Clause 15 of the Letters Patent has been preferred by the Employees Provident Fund Organization through Assistant Provident Fund Commissioner, Rajkot, challenging the judgment and order dated 1.5.2009 passed by the learned Single Judge, whereby, the learned Single Judge disposed of the petition issuing certain directions to the Appellant (Original Respondent) in the writ petition.

(2.) Brief facts relevant for the purpose of deciding the Appeal can be summarized as under.

(3.) Vide order dated 30.1.2001 passed under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the Act ), the Appellant quantified Respondents liability towards unpaid provident fund contribution for the period from April, 2001 to January, 2007. By the said order the Appellant determined that the total unpaid provident fund contribution came to Rs.37,13,808/-. A separate order under Section 7(Q) of the Act came to be passed on 11.2.2009 whereby the Appellant has claimed Rs.11,21,385/- towards interest under the provisions of the Act. It is a case of the Appellant department that the amount has become payable on account of non-payment of the provident fund contribution for the period from April, 2001 to January, 2007.