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V.BALAKRISHNA ERADI
KATHAYEE COTTON MILLS (PRIVATE), LTD. – Appellant
Versus
REGIONAL PROVIDENT FUND COMMISSIONER – Respondent


JUDGMENT :

V. Balakrishna Eradi, J.—The petitioner is a private limited company owning an establishment engaged in textile industry at Alwaye. The petitioner's establishment came under the coverage of the Employees' Provident Funds Act, 1952 (hereinafter referred to as the Act), and the scheme with effect from 31 January 1956. On the ground that the petitioner had defaulted in payment of contribution and administrative charges for the periods February 1963 to March 1964, May, August and November 1965 and February 1966, the Regional Provident Fund commissioner issued a notice dated 22 September 1966 to the petitioner-company calling upon them to show cause within ten days of receipt thereof why damages at the rate up to 25 per cent of the total arrears should not be recommended to the Government of Kerala to be imposed on the petitioner in exercise of the powers vested in the Government u/s 14B of the Act. It was further stated in the aforesaid notice that any explanation given by the petitioner within the time specified thereunder will also be forwarded to the Government. A copy of the aforesaid show-cause notice has been produced along with the counter-affidavit and marked as Ex. R

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