HARJASPAL SINGH JUNEJA & ANOTHER Vs. RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANIZATION, AMRTISAR AND OTHERS

JUDGEMENT

(1.) In the instant writ petition, the petitioners have sought for quashing warrant of detention of civil prison dated 6.12.2010 (Annexure P-7), issued by respondent No.1.

(2.) The petitioner No.1 is stated to be Director of M/s Bawa Shoes Pvt. Limited, Goindwal Sahib, District Tarn Taran, which is an establishment covered under the provisions of Employees Provident Fund and Misc. Provisions Act, 1952 (for short, the EPF & MP Act).

(3.) The establishment failed to deposit provident fund dues from November 2001 to January 2004, even though it was duty of the establishment to deposit provident fund under Section 6 read with para 38 of the EPF & MP Act. The establishment delayed payment of EPF & MP dues even for the period from March 98 to October 2001. Thus, the respondent EPF department issued a show cause notice on 18.3.2003 calling upon the establishment as to why damages under Section 14-B should not be levied on the defaults committed in delaying the payments of the aforesaid dues. After following due procedure and also giving ample opportunity of hearing to the petitioner-establishment, the competent authority proceeded to impose damages to the tune of Rs.48,07,047/- and interest amounting to Rs.16,01,490/-. In this regard, petitioner was directed to deposit the assessed amount, damages and interest with the department within 15 days, failing which the department would initiate proceedings under Sections 8 B to 8 G of the EPF & MP Act.