NN 141 PANAIKULAM PRIMARY AGRICULTURAL CO-OPERATIVE BANK LIMITED Vs. THE ASSISTANT PROVIDENT FUND COMMISSIONER, MADURAI AND ORS.

JUDGEMENT

(1.) This writ petition has been filed, challenging the impugned orders dated 03.07.2019, 03.07.2019 and 21.08.2019, passed by the first respondent.

(2.) The petitioner is One Man Co-operative Society. However, they voluntarily submitted themselves under the Provisions of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 and they are paying their contribution regularly. However, due to certain difficult circumstances of the Society, contribution could not be paid in time for the period from the month of March, 2014 to October, 2016. Hence, the first respondent, vide order dated 03.07.2019, imposed penal damages to the tune of Rs.2,86,417/- under Section 14-B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 [in short, 'the Act'] and also, on the very same day, by way of another order, levied interest for a sum of Rs.1,38,021/- on the petitioner, under Section 7-Q of the Act. Subsequently, vide order dated 21.08.2019, the first respondent, by exercising the power under Section 8-F of the Act, called upon the petitioner to pay a sum of Rs.4,24,438/-. Those orders are under challenge in the present Writ Petition.

(3.) According to the petitioner, in the impugned orders, no other reasons have been stated for recovering damages. However, the petitioner now voluntarily comes forward to make the payment in 12 installments.