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2023 Supreme(HP) 167

SANDEEP SHARMA
Maharaja Lakshman Sen Memorial College, Sunder Nagar – Appellant
Versus
Presiding Officer, Employees Provident Fund Appellate Tribunal – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Yudhvir Singh Thakur, Advocate.
For the Respondents:Mr. Rahul Mahajan, Advocate.

JUDGMENT :

Sandeep Sharma, J.

By way of instant petition filed under Art. 226 of the Constitution of India, challenge has been laid to order dated 2.3.2016 Annexure P-2 passed by Provident Fund Appellate Tribunal, New Delhi, whereby appeal filed by the petitioner under S.7(i) of Employees Provident Fund and Miscellaneous Provisions Act, 1952 (hereinafter, ‘Act’ came to be dismissed.

2. Precisely, the facts, as emerge from the record, are that since the petitioner-Institution failed to deposit the provident fund and other allied dues to its employees, as per provisions of the Act and Employees Provident Fund Scheme (hereinafter, ‘Scheme’) framed thereunder, office of Assistant Provident Fund Commissioner issued a Show Cause Notice on 29.4.2014, calling upon the petitioner to show cause that why damages under S.14B and interest under S.7Q may not be recovered on account of default in making payment within stipulated period. Alongwith aforesaid Show Cause Notice, details of default committed by the petitioner-Institution were furnished, enabling the petitioner Institution to deposit

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