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1998 Supreme(SC) 9

S.B.MAJMUDAR, J.JAGANNADHA RAO
Hindustan Times – Appellant
Versus
Union Of India – Respondent


Judgment

M. Jagannadha Rao, J.-This is an appeal preferred against the judgment of the Delhi High Court dated 28.8.1980 in C.W.P. No. 843 of 1980 dismissing the Writ Petition of the Petitioner. The writ petition was filed questioning the order of the Regional Provident Fund Commissioner dated 7.5.1980 passed under Section 14-B of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (hereinafter called the ‘Act’) levying damages in a sum of Rs. 44,220.00 and Rs. 1,035.50 for delay in remitting the employees provident fund contribution within the period stipulated in Para 38.10 of the Employees Provident Scheme, 1952 for the period July 65, October 65, December 65, January 66 to March 66, August 66, July 67, August 67, May 68, July 68 to November 68.

2. The writ petition was dismissed by a Division Bench of the High Court on 28.8.80 by a non-speaking order merely saying “dismissed”. It is against the said judgment that this appeal has been preferred.

The facts of the case are as follows :

3. The appellant is the employer. On account of delay in payment of provident fund contributions, a notice was issued on 23.2.71 by the Department complaining of delays in remitting the p













































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