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MANJU RANI CHAUHAN
Continental India Private Limited – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petition seeks to quash orders made under epf act. (Para 2 , 3 , 4) |
| 2. alternative remedies must be exhausted before writ. (Para 5 , 6 , 7 , 8) |
| 3. allegations of violation of natural justice raised. (Para 9 , 10 , 11 , 12 , 13) |
| 4. writ petition entertained due to natural justice violation. (Para 14) |
| 5. impugned orders quashed, matter remitted for fresh decision. (Para 15) |
| 6. final orders to be issued by authorities within two months. (Para 16 , 17) |
JUDGMENT
Mrs. Manju Rani Chauhan, J.
Heard Mr. G.K. Singh, learned Senior Advocate assisted by Mr. Sharad Chandra, learned counsel for the petitioner, Mr. Udit Chandra, learned counsel for respondent nos.2 and 3 and Mr. Gautam Kumar Upadhaya, learned counsel for respondent no.1.
2. The petition has been filed by the petitioner with a prayer to quash the impugned orders dated 31.03.2023 bearing Nos.139811 and 139812 respectively passed on the same date by the Regional Provident Fund Commissioner-I, Regional Officer, Meerut whereby he has imposed a damage to the tune of Rs.8,91,69,116/- upon the petitioner as well as M/s Modi Rubber Limited under Section 14B of Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (he
Procedural fairness demands that parties are heard and any timely contributions considered before imposing damages and interest under the Employees' Provident Fund Act.
Aggrieved persons with a statutory remedy of appeal are required to exhaust such remedy before filing a writ petition.
The orders imposing damages under the EPF Act must be reasoned and based on factual findings, ensuring principles of natural justice are upheld.
Interest under Section 7Q of the Act is independent of damages under Section 14B, and claims regarding interest must be pursued in the pending appeal.
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