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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
MUMMINENI SUDHEER KUMAR, J
Central Board Of Trustees Employees Provident Fund Organisation Through Its Regional Provident Fund Commissioner – Appellant
Versus
Puliampatti Pacb Ltd., Palani – Respondent
| Table of Content |
|---|
| 1. appellate tribunal's conclusion (Para 2) |
| 2. mens rea not required (Para 3) |
| 3. guidelines for levying damages (Para 4) |
| 4. order set aside and remanded (Para 5) |
| 5. new tribunal established (Para 6 , 7) |
| 6. expeditious disposal directed (Para 8 , 9) |
| 7. writ petition disposed of (Para 10) |
ORDER :
This writ petition has been filed by the petitioner aggrieved by the order dated 19.08.2014, passed by the Employees Provident Fund Appellate Tribunal, New Delhi, in A.T.A.No.574(13)2012, whereby the learned Appellate Tribunal interfered with the proceedings of the Employees' Provident Fund Organisation, Madurai, bearing No.TN/RO/MDU/41592/RO/circle13/PDC/LD/2012, dated 29.05.2012 and reduced the damages imposed on the second respondent under Section 14B of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (in short, “the Act, 1952”) to 25%.
2. A perusal of the impugned order, dated 19.08.2014, would disclose that the learned Appellate Tribunal, having come to the conclusion that the Assistant Provident Fund Commissioner, Madurai, has not applied his mind while imposing damages under Section 14B of the Act, 1952 and also having come to the conclusion that there w
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