EPF ORGANISATION Vs. SMDRSD COLLEGE AND ANOTHER

JUDGEMENT

(1.) Heard Mr. Sanjay Tangri, learned counsel appearing for the petitioner-organization and Mr. Vivek Salathia, learned counsel for the Caveator-respondent No.1 on the petition. The matter is taken on board for final disposal.

(2.) Damages under Section 14-B of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 have been imposed against the first respondent, an educational institution, to the tune of Rs.42,05,968/- vide the impugned order dated 19.2.2013 (P-2).

(3.) Aggrieved by the order, the first respondent has preferred an appeal under Section 7-I of the Act before the Employees Provident Fund Appellate Tribunal, New Delhi. The appeal was filed on 27.2.2013 against the order dated 19.2.2013 (P-2). Within nine days of the passing of the order and without waiting for the first respondent to exhaust his legal remedy of appeal under the Act, the petitioner in undue haste attached the bank account of the first respondent without notice and recovered an amount of Rs.23,60,000/- by its coercive action.