PIONEER LIMITED (M/S.) Vs. UNION OF INDIA

JUDGEMENT

(1.) THE issues involved in this matter are about 35 years old.

(2.) THE petitioner has filed this writ petition in the year 1981 against an order dated 13.1.1970 by which the petitioner was directed to pay a sum of Rs. 48,476.50 and Rs. 4,968.50 towards the damages and Rs. 1,396.70 and Rs. 114.45 towards the administrative charges and for delays made in payment of Provident Fund contributions. The amount related to the period April, 1966 to January, 1969 and February, 1969 to January, 1970.

(3.) SRI V.B. Singh has argued that the provisions of Section 14-B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (Act No. 19 of 1952) provide for the levy of damages and penalty in case of default in payment of any contribution to the Fund or in case of the delay, he has argued that in fact the petitioner had not made any default for payment and all the contributions were paid to the corporation but he admits that there was some delay in making of these payments. He further states that petitioner was a newspaper company and is no longer in existence in the shape as it was when the petition was filed.