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IN THE HIGH COURT OF JUDICATURE AT MADRAS
B.PUGALENDHI, J
The Assistant Provident Fund Commissioner, Employees Provident Fund Organisation – Appellant
Versus
The Presiding Officer, Employee's Provident Fund Appellate Tribunal – Respondent


Advocates:
For the Appellants/Petitioners: Mr.A.John Xavier
For the Respondents: Mr.G.Arunachalam

Table of Content
1. writ petition against epf tribunal order. (Para 1)
2. arguments regarding damages and pandemic impact. (Para 2 , 3)
3. court's consideration of damages and law applicability. (Para 4 , 5)

ORDER

The Employees Provident Authority has preferred this writ petition as against the order of the EPF appellate tribunal dated 05.10.2020 passed in EPFA 454/2017/-ATANo.993(13)/14. The EPF authority has initiated proceedings as against the 2nd respondent establishment under Section 14B of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 [the EPF Act] for the belated payment of employees provident fund contribution for the period from June 1992 to September 2006. Initially by order dated 10.01.2008 the liability was fixed as Rs.22,93,843/- for the period from June 1992 to September 2003. While so the EPF authority passed an order of damages under Section 14 B of the EPF Act to the extent of Rs.23,09,434/- for the said belated contribution. As against this order levied under of the EPF Act, the 2nd respondent preferred an appeal before the EPF appellate tribunal and the appeal was partly allowed by modifying the damages to 25%, considering Covid-19 pandemic

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