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DELHI HIGH COURT
DINESH KUMAR SHARMA
Central Board of Trustees, Employees Provident Fund Organisation, Delhi – Appellant
Versus
LRS KI Joint Venture – Respondent
| Table of Content |
|---|
| 1. petition challenges order from cgit. (Para 1) |
| 2. petitioner argues against the tribunal's ruling. (Para 2) |
| 3. court affirms validity of tribunal's findings. (Para 3 , 4 , 5) |
| 4. petition dismissed. (Para 6) |
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CM APPL.39861/2022 (exemption)
Exemption allowed subject to all just exceptions.
W.P.(C) 13155/2022 & CM APPL.39860/2022 (stay)
1. Present writ petition has been filed by the petitioner challenging the order dated 21.03.2022 passed by the learned Presiding Officer, CGIT cum Labour Court - II, Rouse Avenue, District Court Complex, Delhi in ATA No.109(4) 2015. Vide the impugned order, the learned CGIT had allowed the appeal filed by the respondent/management.
2. Learned counsel for the petitioner has appeared through video conferencing and submitted that since there was a delay in the deposit of the contribution, the APFC has rightly levied the damage of Rs.65,546/- and interest of Rs.33,381/-. Learned counsel for the petitioner submits that the learned CGIT has fallen into an error by allowing the appeal of the respondent/management.
3. The jurisdiction of the writ Court is crystal clear. Though the jurisdiction is wide
The writ court cannot intervene in tribunal decisions unless there is clear evidence of patent illegality or perversity.
The court established that damages for delayed remittance of contributions under the Employees' Provident Funds Act are mandatory and do not require proof of intent or fault.
Damages under Section 14B cannot be imposed without establishing mens rea concerning delay in provident fund deposits.
Litigants must vigilantly monitor proceedings and cannot condone inordinate delay solely by blaming counsel's negligence; appointing counsel does not absolve duty to ensure active pursuit of rights.
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