REGIONAL PROVIDENT FUND COMMISSIONER Vs. PRESIDING OFFICER, EMPLOYEES

JUDGEMENT

(1.) The Writ Petitioner is the Appellant. The Petitioner had challenged the Order passed by the Employees' Provident Fund Appellate Tribunal on 3/3/2009 in A.T.A. No.37 (13)/2004.

(2.) The Writ Court after considering the submissions made on either side, had arrived a finding that the Order of the Appellate Tribunal restricting the damages up to 15% per annum is legally correct and had proceeded to dismiss the Writ Petition. Challenging the same, present Writ Appeal has been filed.

(3.) The Second Respondent in the Writ Appeal had suffered an Order under Sec. 14-B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 on 26/12/2003. Aggrieved over the same, the Management had filed an Appeal before the Appellate Tribunal in A.T.A. No.37/(13) of 2004. The Appellate Tribunal under the impugned Order, dtd. 3/3/2009 had restricted the damages up to 15% per annum. This Order has been confirmed by the Writ Court.