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P. B. BAJANTHRI
Mehrotra Engineering Works Private Limited – Appellant
Versus
Employees Provident Fund Organisation – Respondent
JUDGMENT :
1. Mr. Manish Mani, Regional Provident Fund Commissioner-II, Muzaffarpur is present in Court in pursuant to earlier order.
2. In the instant petition, petitioner has prayed for the following reliefs:-
ii) To issue an appropriate writ, order or direction in the nature of certiorari for quashing order dated 25.01.2022 passed by the Regional Provident Commissioner II, contained in memo no. BR/RO/MUZ/ENF/7Q/BRMUZ0001367000 /ORDER/2188 whereby and whereunder interest of Rs. 9,58,383/-(Rs. Nine Lakhs Fifty Eight Thousand Three Hundred and Eighty Three only) has been levied upon the petitioner under section 7Q the Employees Provident fund and Miscellaneous Provisions Act, 1952.
iii) This Hon'ble Court may adjudic
Aggrieved persons must exhaust the statutory remedy of appeal before filing a writ petition.
Aggrieved persons with a statutory remedy of appeal are required to exhaust such remedy before filing a writ petition.
Procedural fairness demands that parties are heard and any timely contributions considered before imposing damages and interest under the Employees' Provident Fund Act.
The discretionary power to reduce damages under Section 14-B of the Employees Provident Fund and Miscellaneous Provisions Act 1952 should be exercised cautiously, with genuine reasons recorded in wri....
Impugned EPF order quashed for violating Paragraph 26B's mandatory hearing requirement before rejecting exemption claims.
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