SANKAR CHEMICAL LIME Vs. ASSISTANT PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) In these two Writ Petitions, the petitioner is the same Company represented by its Managing Partner Mr. K.S. Raman. In the first Writ Petition, the challenge is to the order dated 28.04.2008 passed by the first respondent, the Assistant Provident Fund Commissioner, Tirunelveli. In the order, the petitioner was directed to pay interest under Section 7-Q of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 [hereinafter referred to as "the Act"], in view of the default in payment towards provident fund dues for the period from 03/98 to 02/01 and they were directed to pay simple interest on the defaulted amount, in terms of Section 7-Q of the Act. Challenging the same, the first Writ Petition came to be filed.

(2.) In the second Writ Petition, the petitioner challenges the order passed under Section 14-B of the Act, dated 28.04.2008. By the said order, the petitioner-employer was directed to pay a sum of Rs.19,17,517/-towards damages for the default in payment of provident fund dues for the period from 03/98 to 02/01.

(3.) When the said two Writ Petitions came up for admission, notice of admission was made. Pending the notice, an interim injunction was granted by this Court on 14.05.2008. Aggrieved by the grant of interim injunction, the respondents have filed M.P.(MD)Nos.1 and 2 of 2010, seeking to vacate the interim order in both the Writ Petitions. Though the applications were filed in the year 2010, the matters were not taken up for hearing.