M/s. Bakran Beedi Works, Armoor, Nizamabad District, A.P v. Office, Nizamabad of Employees Provident Fund Organisation, (Ministry of Labour, Govt

This writ petition has been instituted calling in question the correctness of orders passed on 10.08.2006 by the Regional Provident Fund Commissioner-II, Employees’ Provident Fund Organization, Sub Regional Office, Nizamabad, imposing a levy of a total sum of Rs.30,91,654/- (Rupees Thirty Lakhs Ninety One Thousand Six Hundred and Fifty Four only) as damages for the belated remittances made by the petitioner-employer for the period from 03/86 to 03/96. The impugned order has been passed in exercise of the power available the Regional Provident Fund Commissioner under Section 14-B of the Employees’ Provident Fund & Miscellaneous Provisions Act, 1952 (for short ‘the Act’). It is the assertion of the writ petitioner that it had made its remittances to the Provident Fund Organization, but, however, due to certain discrepancies with regard to the data submitted by it in that regard, it has been construed as if it had committed violation of the provision contained under the Act. Learned counsel for the petitioner would submit that the writ petitioner would deposit a sum of Rs.3,00,000/- (Rupees Three Lakhs only) on or before 15.05.2008 with the Sub Regional Office of the Employees’ Provident Fund Organization, Nizamabad. The petitioner also undertakes to submit a detailed representation enclosing thereto the necessary material indicating the remittances made to the Employees’ Provident Fund Organization. I, therefore, consider it appropriate to provide the petitioner an opportunity to satisfy the Sub-Regional Office of the Employees’ Provident Fund Organization that the remittances have, in fact, been made by the petitioner during the relevant period of time. The 2nd respondent will re-consider the matter and pass appropriate orders thereafter. Should the petitioner commit default either in making the deposit of Rs.3,00,000/- (Rupees Three Lakhs only) on or before