- (1.) Leave granted in SLP [C] No. 19610/2017.
(2.) Heard learned counsel for the parties at length.
(3.) Learned counsel for the appellant(s) has brought to our notice the provisions contained in Clause 32-A of The Employees' Provident Funds Scheme, 1952 and has urged that the provisions Section of 7Q was inserted in the Employees' Provident Funds and [Miscellaneous Provisions] Act w.e.f 01.07.1997 whereas the provisions contained under Clause 32-A were inserted on 16.8.1991. The provisions contained in Clause 32-A of the Employees' Provident Funds Scheme is extracted hereunder: "32-A. Recovery of damages for default in payment of any contribution:- (1) where an employer makes default in the payment of any contribution to the Fund, or in the transfer of accumulations required to be transferred by him under sub-Section (2) of Section 15 or sub-Section (5) of Section 17 of the Act or in the payment of any charges payable under any other provision of the Act or Scheme or under any of the conditions specified under Section 17 of the Act, the Central Provident Fund Commissioner or such officer as may be authorised by the Central Government, by notification in the Official Gazettee, in this behalf, may recover from the employer by way of penalty, damages at the rates given below:- JUDGEMENT_492_LAWS(SC)2_2019_1.html (2) The damages shall be calculated to the nearest rupee, 50 paise or more to be counted as the nearest higher rupee and fraction of a rupee less than 50 paise to be ignored." ;