LAKSHMI MACHINE WORKS LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner is the employer. THEy have come forward to challenge an order of the second respondent Employees Provident Fund Appellate Tribunal made in ATA No.259(13)2005 dated 23.08.2010 confirming the order of the third respondent viz., the Assistant Provident Fund Commissioner, Coimbatore, dated 29.10.2004 and seeks to set aside in respect of the damages claimed against the petitioner.

(2.) IN the writ petition, notice of motion was ordered on 19.11.2010. Pending the notice of motion, an interim injunction was granted for four weeks. Thereafter, it was not extended. On notice from this Court, the respondents have filed a counter affidavit dated 16.12.2010.

(3.) BY a memo dated 30.11.2004, the petitioner was directed to pay the interest under Section 7Q of the EPF Act which worked out to Rs.14,47,588/-. The petitioner by a covering letter dated 20.12.2004 paid a sum of Rs.14,47,099/- as directed by the respondents towards interest. It was thereafter when the petitioner requested for waiver, the respondents by a communication dated 12.01.2005 informed the petitioner that such a waive is not feasible for compliance.