SAW-553/14

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In The High Court of Judicature for Rajasthan

Jaipur Bench, Jaipur

D.B. Special Appeal (Writ) No.553/2014

Date : 21.07.2014

Hon'ble Mr. Justice Ajay Rastogi

Hon'ble Mr. Justice J.K. Ranka

Mr. R. C. Sharma, Administrative Officer, for appellant, present in

person.

Mr. P.N. Mathur, OIC for respondent-Regional Provident Fund

Commissioner, present in person.

Instant intra court appeal has been filed against order of the

learned Single Judge dt.29.01.2014.

At the outset we may record that as regards the liability &

default as provided under the Employees Provident Fund &

Miscellaneous Provisions Act,1952, it is not disputed/denied by the

appellant and contribution for the effective period from

January,1981 to September,1995 was deposited in two installments

respectively on 08

th & 13

th March,1996.

However, the Commissioner was justified in passing order

claiming damages u/S 14B of the Act,1952. The matter was

travelled to the Provident Fund Commissioner and thereafter in

appeal and before the learned Single Judge and it was observed

that there was no bonafide delay in depositing the contribution of

last 15 years and once the appellate authority was satisfied about

the delay being satisfactorily explained further proceedings

initiated against the appellant invoking Sec.14B of the Act claiming

damages for the aforesaid period from January,1981 to

September,1995 was unjust & arbitrary and the action so initiated

was uncalled for.

The learned Single Judge after due appreciation of the

SAW-553/14

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material which came on record recorded finding that Sec.14B of

the Act could be invoked if damages is to be claimed and that too

for the reason if the employer failed to deposit the contribution

within effective time framework when it becomes due.

Indisputably in the instant case the contribution for the

period January,1981 to September,1995 was deposited in two

installments on 08

th & 13

th March,1996 and no reason otherwise is

coming the only defence was that it was not liable to deposit

contribution which was not tenable otherwise in law and taking note

thereof the learned Single Judge was of the view that the levy of

damages imposed upon the appellant in exercise of power u/S 14B

of the Act was justified and even before us there is no material on

record which could justify and the delay in itself may not be

sufficient and the contribution being deposited after 15 years in

the month of March,1996 there cannot be any justification to hold

that the action of the Commissioner in taking decision of imposing

damages u;/S 14B in any manner requires consideration by this

Court.

It has also been informed to this Court that the damages

equal to the amount of Rs.2,96,056/- has been deposited by the

appellant and that was taken note of by the learned Single Judge.

We have gone through the order of the learned Single Judge

and do not find any apparent manifest error in passing of order

impugned which may require interference by this Court.

Consequently, the appeal is wholly devoid of merit and

accordingly dismissed.

(J.K. Ranka),J. (Ajay Rastogi),J.

VS Shekhawat/-PA/(S94)

SAW-553/14

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Certificate - All corrections have been

incorporated in the judgment/order being

emailed/Vijay Singh Shekhawat/PAJW