MONISH DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge here is to the Order dated 23.10.2015, whereby the petitioner, a Media establishment is fastened with the burden of penal damage and interest under the Employees' Provident Fund and Miscellaneous Provisions Act, 1952, hereinafter referred to as 1952 Act.

(2.) The learned counsel for the petitioner submits that the 1952 Act is not applicable to the petitioner establishment and accordingly, the penalization of the petitioner was not Page No.# 2/4 justified. He further submits that the impugned Order dated 23.10.2015 had been issued by the respondent No. 3 without hearing the petitioner.

(3.) Mr. D. Dey, learned counsel for the respondent Nos. 2 to 6 submits that initially the respondent No. 5 had issued an Order dated 10.06.2014 to the petitioner establishment directing them to remit an amount of Rs. 31,52,693/-, towards the employees' provident fund, pension fund, insurance fund, contribution and administration charges as per the 1952 Act. The petitioner challenged the same by way of WP(C) 4056/2014, which was disposed of vide Order dated 03.09.2014.