RAJIV SAHAI ENDLAW, A.K.SIKRI
Roma Henny Security Services – Appellant
Versus
Central Board of Trustees, E. P. F – Respondent
A.K. SIKRI, ACTING CHIEF JUSTICE:
1. The petitioner has filed the instant petition under Article 226 of the Constitution of India wherein various prayers are made which include a declaration that provisions of Section 7-Q of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as „the PF Act ) are ultra vires. However, the theme of the petition is to challenge the interest levied or received under Section 7-Q of the PF Act amounting to Rs.4,53,886.00 on 3.2.2011and Rs.13,775.00 on 21.7.2007 mainly on the ground that when the damages for late payment of provident fund dues are recovered from the petitioner by passing orders under Section 14 of the PF Act, the interest as prescribed under Section 7-Q of the PF Act cannot be independently charged as that is inbuilt in the slabs of damages and charging of this interest would amount to double payment by the petitioner. The petitioner is an establishment engaged in supplies of manpower for the purposes of security and surveillance to different establishments and is covered by the provisions of the PF Act. It is allotted Code Number DL-27506. It appears that the petitioner had not paid p
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