JUDGMENT : - An order was passed by the Regional Provident Fund Commissioner directing the First Petitioner to deposit interest in the amount of Rs.31,O1,050/ - under Section 7 - Q and damages in the amount of Rs.94,17,882/ - under Section 14 - B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. A similar order was passed in the companion petition. An order imposing damages under Section 14B is subject to an appeal under Section 7 - 1 to the Tribunal constituted under the provisions of the Act. This Court was moved in proceedings under Article 226 of the Constitution since the Appellate Tribunal was not functioning and the vacancy which had occurred in the office of the Presiding Officer had not been filled up by the Union of India. In the meantime, a notice had been received by the First Petitioner on 4th July, 2003 calling upon the company to deposit the amounts demanded in order to avoid further action. This Petition was accordingly entertained since it was not possible for the Petitioners to avail of the statutory remedy in appeal due to the nonfunctioning of the Appellate Tribunal. This Court has been informed that during the period from

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