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UJJAL BHUYAN, C. V. BHASKAR REDDY
Squad 7 Security and Allied Services – Appellant
Versus
Regional Provident Fund Commissioner-II – Respondent
JUDGMENT :
Ujjal Bhuyan, J.
Heard Mr.P.Shanker Rao Patil, learned counsel for the appellant and Dr. B.Manoj Kumar, learned Standing Counsel for Employment Provident Fund Organization appearing for the respondent- Regional Provident Fund Commissioner-II.
2. This appeal has been preferred by the appellant against the order dated 18.08.2022 passed by the learned Single Judge disposing of W.P.No.32932 of 2022 filed by the appellant as the petitioner.
3. It may be mentioned that two orders were passed by the Regional Provident Fund Commissioner, both dated 25.07.2022.
4. First one is an order under Section 14-B of the Employees Provident Fund and Miscellaneous Provisions Act, 1952. A perusal of the said order would go to show that appellant was required to pay Employees Provident Fund (EPF) contributions within 15 days, but failed to make such payment. Payments were made belatedly. Summons were issued under Section 14B of the Act for payment of penal damages for belated remittance of the EPF contributions for the period from October, 2017 to October, 2021. After hearing the matter, Regional Provident Fund Commissioner passed the order calling upon the appellant to pay a sum of Rs.72,25,403/-
Employers must adhere to statutory obligations under EPF law and are liable for interest on delayed payments, regardless of reasons for non-payment.
Procedural fairness demands that parties are heard and any timely contributions considered before imposing damages and interest under the Employees' Provident Fund Act.
The orders imposing damages under the EPF Act must be reasoned and based on factual findings, ensuring principles of natural justice are upheld.
Compliance with the deposit requirements under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 is essential to proceed with an appeal.
The principal employer retains responsibility for statutory dues for workers employed through contractors, irrespective of contractual arrangements, and appeals regarding statutory matters must be fi....
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