LEMOS CEMENT LTD RANCHI Vs. REGIONAL PROVIDENT FUND

JUDGEMENT

(1.) W . P. (C) No. 1731 of 2006 has been preferred for quashing the order dated 31.05.2005 passed by the Respondent No. 2, the Regional Provident Fund, Commissioner -II, Ranchi whereby according to the petitioner, respondent has refused to review the order passed in exercise of power under Section 14B and 7Q of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 on the ground that there is no provision for review. The petitioner has also prayed for directing the respondent not to take any coercive steps till disposal of Appeal No. 441 of 2003.

(2.) W . P. (C) No. 5614 of 2008 has been preferred by the same petitioner for assailing the letter dated 26.09.2008 issued by the Respondent No. 2, the Regional Provident Fund, Commissioner -II, Ranchi whereby the petitioner has been asked to deposit a sum of Rs. 46,35,391/ - towards the interest under Section 7Q of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 and for further direction to release the bank accounts of the petitioner.

(3.) THE respondents have appeared and contested the claim of the petitioner and justified the issuance of notice by way of Annexure -A to the counter affidavit in W. P. (C) No. 5614 of 2008. It is submitted that the demand of damages under Section 14B of the Act has been passed after due notice and hearing to the petitioner assessing a sum of Rs. 1,04,99,857.00/ - under Section 14B and 7Q of the Act, 1952 and further interest under Section 7Q shall continue to accrue from due date till the date of deposit.