JUDGMENT :

The instant Writ Petition has been filed by the petitioner challenging the demand notice dated 30.12.2013, issued by the Regional Provident Fund Commissioner for payment of Rs.35,22,822/- (Rupees thirty five lakh twenty two thousand eight hundred twenty two) as damages under Section 14B of the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 (for short ‘the Act of 1952’) and Rs.22,66,574/- (Rupees twenty two lakh sixty six thousand five hundred seventy four) under Section 7Q of the said Act, as interest. The petitioner has also challenged the order dated 22.01.2014, issued by the Regional Provident Fund Commissioner-II, in the said proceedings.

(2) The record reveals that the petitioner herein is a Cooperative Bank registered under the provisions of the Assam Cooperative Societies Act, 1949. The provident fund account of the employees of the Assam Cooperative Apex Bank Ltd. (hereinafter referred to as ‘the Bank’) was managed by a Board of Trustees of the Bank. It is the case of the petitioner that in the year 1975, with the concurrence of the Ministry of Finance, Department of Economic Affairs, Government of India, a Special Deposit Scheme was implemented t