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IN THE HIGH COURT OF JUDICATURE AT MADRAS
B.Pugalendhi, J
The Regional Provident Fund Commissioner – Appellant
Versus
M/s.Sri Venkatesa Paper & Board – Respondent
| Table of Content |
|---|
| 1. delayed epf contributions led to levied damages. (Para 1 , 2 , 4 , 17) |
| 2. arguments contest the necessity of damages given financial crises. (Para 5 , 6) |
| 3. court discusses the necessity for fairness in imposing damages. (Para 11 , 12 , 18 , 19) |
| 4. court delivers final judgment on the appeals. (Para 20) |
COMMON ORDER
M/s.Sri Venkatesa Paper and Board, a Company, incorporated under the Companies Act, failed to remit the EPF contribution for the period from September 2002 to May 2005 in time and it was paid belatedly. Therefore, a proceeding was initiated by the EPF Authority as against the Management. The EPF Authority, vide order dated 22.10.2013, has levied damages to the tune of Rs.51,35,380/-, for the belated payment of EPF contribution for the period from September 2002 to May 2005, under Section 14-B of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (hereinafter referred to the 'Act'). Challenging the same, the Management has preferred an appeal under Section 7-I of the Act before the Appellate Tribunal in ATA No. 746(13)2013. The Tribunal, by order dated 29.11.2013, allowed the appeal, holding that since the Company was under financial cri
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