UJWAL TRANSPORT AGENCY Vs. UNION OF INDIA UOI

JUDGEMENT

(1.) IN this writ petition the petitioner is seeking for quashing the order passed by Respondent No. 2 dated February 6, 1990 in reference No. TN/sdc/19856/accounts/90 wherein he has levied penalty of Rs. 17,959. 10 as damages for the alleged delayed payment of contribution for the period commencing from October, 1984 to February, 1987 in respect of the contribution payable to the employees of the petitioner's establishment.

(2.) THE petitioner's establishment was started in October, 1984 and was entrusted the job as Transport Contractors by M/s. Ashok Leyland Limited for transporting their chassis to various places. The contract was for a period of three months initially from November 1, 1984 and; based on the performance of the petitioner the period of contract was further extended and a full-fledged contract came into effect only after one year. The petitioner had in his establishment seven persons including office staff; and other casual workmen. Apart from contract with M/s. Ashok Leyland the petitioner also undertook transportation of vehicles belonging to establishments such as Automotive Coaches and Components Limited, Elgi Equipments Limited, M/s. Transport Corporation of India and other body building units. As such the petitioner provided their services to various establishments spread over the State of Tamil Nadu.

(3.) UNDER the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (Act 19 of 1952) and the Scheme framed thereunder called as Employees' Provident Fund Scheme (hereinafter referred to as "the Act" and "the Scheme" for short), with the intention of giving the benefit of Provident Fund coverage to its employees was not complied with. A notice was issued to the employer by the Regional Provident Fund Commissioner, Tamil Nadu and Pondicherry States on December 19, 1988 to show cause within fifteen days why damages as envisaged under Section 14-B of the Act be not recovered from the petitioner and an opportunity of personal hearing was also afforded on January 2, 1989, January 31, 1989, February 15, 1989, April 17, 1989 and April 27, 1989 both to the contractor and principal employer.