ANNA CO-OPERATIVE SPINNING MILLS LTD Vs. EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL
LAWS(MAD)-2019-2-212
HIGH COURT OF MADRAS
Decided on February 22,2019

Anna Co-Operative Spinning Mills Ltd Appellant
VERSUS
EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL Respondents

JUDGEMENT

- (1.) The instant writ petition has been filed challenging the order dated 19.03.2010, passed by the first respondent in A.T.A.No. 466(13)/2007, which was received by the petitioner on 12.05.2010.
(2.) The petitioner Mill is a Cooperative Cotton Spinning Mill, under the control of Director of Handlooms and Textiles, Government of Tamil Nadu. According to them, they were facing financial crisis and due to the said reason, there was a delay in payment of EPF contributions to the second respondent. According to the petitioner, they were declared as a relief undertaking Mill by the Government of Tamil Nadu. It is also the case of the petitioner that despite the financial crisis, they have paid the entire arrears of EPF contributions from the period March 2003 to June 2005. But they paid the EPF contributions belatedly. The second respondent demanded a sum of Rs.29,73,144/- as damages from the petitioner for the delayed payment of EPF contributions under Section 14(B) of the Employees Provident Fund Miscellaneous Provisions Act, 1952 under the impugned order dated 09.04.2007. Aggrieved by the order passed by the second respondent demanding damages under Section 14-B of the Act, the petitioner preferred an appeal before the first respondent which confirmed the order passed by the second respondent by its order dated 19.03.2010, which was received by the petitioner on 12.05.2010. Aggrieved by the dismissal of the appeal, the instant Writ Petition has been filed seeking to quash the impugned order dated 19.03.2010 passed by the first respondent confirming the order dated 09.04.2007 passed by the second respondent.
(3.) Heard Mr.K.Hemakarthikeyan, learned Counsel for the petitioner and Mr.K.Muralishankar, learned Counsel for the respondents.;


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