ASSISTANT PROVIDENT FUND COMMISSIONER Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The instant writ petition has been filed challenging the order dated 05.10.2009 passed by the the Presiding Officer, Employees Provident Fund Appellate Tribunal, New Delhi in A.T.A.No.379 (13) 2008.

(2.) The brief facts leading to the filling of the writ petition are as follows: The petitioner is the Assistant Provident Fund Commissioner, Tirunelveli. It is the case of the petitioner that the office of the petitioner passed an order dated 14.12.2007, levying damages on the second respondent under Section 14B of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (herein after referred to as case). Aggrieved by the order dated 14.12.2007, the second respondent preferred an appeal before the first respondent in A.T.A.No.379 (13) 2008. The first respondent passed the impugned order dated 05.10.2009, restricting the damages to 5% per annum. Aggrieved by the order dated 05.10.2009 in A.T.A.No.379 (13) 2008, passed by the first respondent, the writ petition has been filed.

(3.) Heard Mr.K.Muralisankar, learned counsel for the petitioner and Mr.K.Hemakarthikeyan, learned counsel appearing for the second respondent.