KALANCHIPATTI PRIMARY AGRICULTURAL CO-OPERATIVE BANK Vs. EPFO

JUDGEMENT

(1.) Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondent.

(2.) The petitioner is an assessee under the respondent Corporation. The petitioner received a notice in July-2016 proposing levy of interest and damages under Section 7Q and Section 14B of the 'Employees Provident Funds Act and Miscellaneous Provisions Act, 1952' (hereinafter referred to as 'Act'). The petitioner appeared before the respondent. At his instance, the proceedings were adjourned. The Secretary of the petitioner's society one R.Ayyavu had appeared on more than one occasion. But, finally impugned order dated 24.10.2016 came to be passed directing the petitioner to pay a sum of Rs.1,09,966/- (Rupees One Lakh Nine Thousand Nine Hundred and Sixty Six only) towards interest and Rs.2,76,643/- (Rupees Two Lakhs Seventy Six Thousand Six Hundred and Forty Three only) towards damages. This order was passed on 24.10.2016. The petitioner, thereafter, filed a petition seeking a review of the said order. In order to direct the respondent to reopen the proceedings, this writ petition came to be filed.

(3.) When the matter was taken up for hearing, the learned Standing Counsel drew my attention to quite a few aspects and he reiterated all the contentions set out in the counter affidavit filed by the respondent. He would point out that when the matter was listed for admission, an interim order was passed and the petitioner has not complied with the conditions imposed in the interim order. He, therefore, wanted this Court to non-suit the petitioner by citing his conduct. He would also point out that the liability under Section 7Q of the Act cannot be questioned. He wanted this Court to dismiss this writ petition as not maintainable.