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2021 Supreme(Del) 2128

PRATHIBA M. SINGH
Central Board Of Trustees E P F Organisation – Appellant
Versus
B2R Technologies Pvt – Respondent


Advocates appeared:
Rajesh Kumar, Advocate, Sanjana Bali, Advocate

JUDGMENT

Prathiba M. Singh, J. - This hearing has been done through video conferencing.

2. The present petition has been filed challenging the impugned order dated 19th April, 2021 passed by the CGIT-cum-Labour Court. Vide the impugned order, the Tribunal has allowed the appeal of the RespondentCompany challenging the original order dated 27th February, 2020 passed by the RPFC-II under Section 14B of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (hereinafter, 'EPF Act') imposing damages of Rs. 1,72,434/- on the Respondent-Company. The operative portion of the order reads:

    "The appeal be and the same is allowed. The impugned order dated 27.02.2020 passed by the RPFC u/s 14B is hereby set aside. The Respondent is directed to refund the entire damage amount recovered from the appellant during the pendency of the appeal within one month from the date of communication of this order without interest failing which the amount shall carry interest @9% per annum from the date of recovery and till the payment is made. No order can be passed to direct the respondent to refund the interest recovered in excess since the tribunal lacks jurisdiction in respect of any order pas

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