BHARAT STEEL INDUSTRIES Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the parties.

(2.) Petitioner has challenged the impugned order dated 1/07/1994 which was communicated vide letter dated 28/12/1994 by which respondent No. 2, Regional Provident Fund Commissioner, Ranchi in exercise of power under Section 14-B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 assessed the damages for the delayed payment of provident fund/family pension fund/deposit of insurance fund and administrative charges for the period from February, 198 2/10/1984. The proceeding for recovery of damages was initiated in 1994 and the damages together with administrative charges was assessed at Rs. 18,765 and a demand notice was served upon the petitioner.

(3.) Mr. Saurabh Arun, learned counsel for the petitioner assailed the impugned order mainly on the ground that the proceeding initiated by the respondents in the year 1994 itself became barred by limitation. According to the learned counsel even no limitation was provided under Section 14-B of the said Act then, as proceeding for recovery of the damages ought to have been initiated within, three years from the date of default in payment of the provident fund amount within time in terms of Article 137 of the Limitation Act. Learned counsel submitted that on receipt of the demand notice petitioner by letter dated Dec 27/12/1994 informed the Regional Provident Fund Commissioner that petitioner unit was running with financial crisis and was declared sick by the Director of Industries, Bihar, Patna and as such it is requested to waive off the amount of levy of penal damages imposed.