KUSHANG SECURITY AND HOUSE KEEPING PRIVATE LIMITED Vs. CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT

JUDGEMENT

(1.) Heard Sri Virendra Singh, learned counsel for the petitioner and Sri Jagdish Pathak, learned counsel for the respondent no. 2.

(2.) The present petition has been filed seeking quashing of the order dated 4.2.2019 passed by the Presiding Officer, Central Government, Industrial Tribunal cum Labour Court, Kanpur in an appeal preferred under Section 7-I of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (Act No. 19 of 1952), (hereinafter referred to as 'the EPF Act') registered as Appeal No. A.T.A. (Misc.) No.03/19. The petitioner has also sought to challenge the earlier order of levy of damages under Section 14-B and interest under Section 7-Q of the EPF Act dated 19.10.2015 passed by the Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Kanpur (in short 'APFC').

(3.) The records of the case indicate that the petitioner establishment, having Registration No. UP/39140 had failed to pay the provident fund dues for the period 08.09.2012 to 31.12.2014. A Quantification Notice No. 180510 dated 10.1.2015 was issued, and after several opportunities being granted to the petitioner which were not availed, the APFC passed an order (Levy Order No. 174530) dated 19.10.2015 in respect of the remittance for the period 09/12 to 12/2014 levying an amount of Rs.1,33,282/-as damages under Section 14-B and an amount of Rs.1,89,937/- as interest under Section 7-Q of the EPF Act. An order dated 22.5.2017 levying damages and interest for a subsequent period was also passed against the petitioner establishment.