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2022 Supreme(Raj) 264

MAHENDRA KUMAR GOYAL
Rajasthan Shiksha Karmi Board – Appellant
Versus
Assistant Provident Fund Commissioner, Employees Provident Fund Organization – Respondent


Advocates Appeared:
For the Appellant : Mohit Balwada and Lokendra Singh Shekhawat.
For the Respondents: Deepak Goyal.

ORDER :

Mahendra Kumar Goyal, J.

1. Although, the matters come up on applications filed by the respondents seeking vacation of ex parte interim order but, on the joint request of learned counsels for the respective parties, the writ petitions were heard finally at this stage on merit.

2. Since, all these writ petitions involve common facts and common questions of law, the same are being heard and decided together.

3. In all these writ petitions, the question involved is liability of the petitioner-Board which is a non-commercial entity governed by the State of Rajasthan and formulated for uplifting the educational standard in the remote areas, to pay the penal damages under Section 14(B) and interest under Section 7-Q of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (for brevity "the Act of 1952"). Learned counsels submits that a Coordinate Bench of this Court has, vide its order dated 07.08.2019 passed in SB Civil Writ Petition No. 1913/2016, Rajasthan Shiksha Karmi Board v. Assistant Provident Fund Commissioner and other connected matters involving identical controversy, disposed of the writ petitions reducing the penal damages under Section 14(B) of the Act of

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