USHA TEXTILES PRIVATE LIMITED Vs. REGIONAL PROVIDENT FUND COMMISSIONER OFFICE OF THE REGIONAL PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) CHALLENGE in this Writ Petition is to an order made under Section 14-B of the Employees Provident Fund and Miscellaneous Provisions Act of 1952 passed by the first respondent by his proceedings in TN/CBE/PDC/21313/CIR.22/FLO/2002-03 dated 12.05.2003 / 10.07.2003, directing the petitioner to pay damages.

(2.) LEARNED counsel for the petitioner would contend that the impugned order had been passed without following the principles of natural justice and without application of mind. He relies on a recent judgment of the Honourable Supreme Court in "Employees State Insurance Corporation ..vs.. HMT Limited and another" reported in (2008) 1 SCC (L&S) page 558 wherein the Honourable Supreme Court had an occasion to consider the earlier judgments of the Honourable Supreme Court in Hindustan Times Ltd., ..vs.. Union of India, reported in (1998) 2 SCC Page 242 wherein the Honourable Supreme Court had dealt with the scope of Section 14-B of the Employees Provident Fund and Miscellaneous Provisions Act. The learned counsel would submit that applying the principles stated in these two judgments, the impugned order is liable to be quashed.

(3.) IN Hindustan Times Ltd., ..vs.. Union of INdia, reported in (1998) 2 SCC Page 242 while dealing with the scope of Section 14-B of the Employees Provident Fund and Miscellaneous Provisions Act, the Honourable Supreme Court has held as follows:-