- (1.) HEAD learned Counsel for the parties. These writ petitions are directed against the orders of the Regional Provident Fund Commissioner, meerut, imposing damages under section 14b of employees Provident Fund and Miscellaneous provisions Act, 1952 for delayed payment of contributions towards provident fund account, family pension contribution account and Administrative charges Act by the petitioner.
(2.) THE damages imposed through order dated 7-4-1989 of Regional Provident Fund Commissioner, meerut which is challenged in writ petition No. 8714 of 1989 are Rs. 4. 80. 932. 80. The petitioner admitted that the payments were late. However, it stated that its financial condition was not good hence delay occurred in making the contribution in the aforesaid accounts. In the impugned order it is mentioned that bad financial condition is no ground to justify delay in making the contribution.
(3.) IN writ petition No. 534 of 1990 the Regional provident Fund Commissioner. Meerut through order dated 3-1-1990 imposed the damages of Rs. 6,91. 098,15 for delayed payment of contributions from March. 1976 to February, 1977 under section 14b of the Act. The case of the petitioner in this writ petition is akin to the case taken in writ petition no. 8714 of 1989 viz. financial difficulties. Writ Petition No, 3420 of 1995 is directed against the order dated 28-12-1994 passed by the regional Provident Fund Commissioner, Meerut imosing damages to the tune of Rs. 2,58,581 under section 148 of the Act. In this case no defence was taken by the employer before the Regional provident Fund Commissioner and no evidence was adduced. Hence Regional Provident Fund commissioner imposed the damages of Rs. 2,58,581 for delayed deposit of contributions under section 14b of the Act.;