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2023 Supreme(Mad) 2294

G. K. ILANTHIRAIYAN
M/s A & F Over Seas Trade Private Limited, Represented by its Authorised Signatory, Puducherry – Appellant
Versus
Assistant Provident Fund Commissioner, Employees Provident Fund Organisation, Sub-Regional Office, Puducherry – Respondent


Advocates appeared:
For the Petitioners:S. Ravindran, Senior Counsel for S. Bazeer Ahamed, Advocate. For the Respondent:P.K. Panneer Selvam, Advocate.

JUDGMENT

(Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorari, calling for the records of the respondent in proceedings No.PDC/PC/364/REGL/2014(Interest) and quash its order dated 06.08.2014.)

1. This Writ Petition has been filed challenging the order passed by the respondent in proceedings No.PDC/PC/364/REGl/2014(Interest) dated 06.08.2014, thereby directed the petitioner to pay interest under Section 7Q of the Employees'' Provident Funds and Miscellaneous Provisions Act, 1952 (herein after called as EPF and MP Act) to the tune of Rs.7,06,146/-.

2. The petitioner is engaged in the manufacture of shoe uppers. Due to adverse business reasons, the net worth of the petitioner got eroded and it became a sick company. There was a delay in payment of wages to the employees, which resulted in delay in payment of contribution under the EPF and MP Act. While being so, the petitioner was directed to pay contribution after the month of March 2010, by its notice dated 19.03.2014. After litigation, the respondent claimed damages at Rs.8,13,253/- and interest at Rs.7,06,146/- totalling to Rs.15,19,399/-. The respondent claimed damages inclu

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