JIJAMATA PUBLIC SCHOOL Vs. EMPLOYEES PROVIDENT FUNDS ORGANIZATION

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with the consent of the parties.

(2.) The two petitioners are the public schools run by a public trust established in the year 2003 and has engaged itself into the activity of imparting education. The petitioners initially did not succumb themselves to the provisions of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as "the Act, 1952"), however, pursuant to the Ministry of Labour and Employment issuing a scheme in the form of a special provision in respect of employees' Enrollment Campaign, 2017 in exercise of the powers conferred by Sec. 5 read with sub-sec. 1 of Sec. 7 of the Act, 1952 by which the existing Employees' Provident Funds Scheme, 1952 came to be amended, the petitioners offered voluntarily to cover it's employees under the provisions of the Act through ORLE portal of the Department under Sec. 2-A of the Act, 1952. The petitioners on their own submitted their willingness to fulfill the requirements of the scheme and accordingly remitted the contributions in terms of the scheme, somewhere in July-2018 and they were allotted separate code for remittances and other purposes. The date of coverage was declared as 16/6/2003 and the petitioners remitted the contribution/EPF dues including employees and employer's share for the period from June-2003 to August-2018 in the month of July-2018.

(3.) The case of the petitioners is, while they subjected themselves to the provisions of the Act, 1952 in the wake of the special scheme, the assurance was given that there would be no levy of any penalty, interest and/or damages etc., against them but surprisingly, according to the petitioners, on 26/11/2019, the respondent initiated inquiry under Sec. 14-B read with Sec. 7Q of the Act, 1952 and the notice asked them to show cause as to why damages and interest for the late remittance should not be fastened upon them.