I.P. Mukerji, J. - (1.) There is no doubt that the appellant had made payment of his provident fund dues under Section 7A of The Employees' Provident funds and Miscellaneous Provisions Act, 1952 belatedly. Under Section 14(B) thereof damages are payable by the employer for this delay. The said Act read with the Provident Fund Scheme 1952 provide the mode in which this damage is to be computed.
(2.) In relation to a particular period on 20th September, 2016 the provident fund authority proceeded to make a final assessment straightway of this damage according to the calculation made in the Act and Scheme asking the appellant to make the entire deposit. By another adjudication order passed on the same day against the appellant, in respect of another period, the said authority proceeded to make a calculation of the damages payable by the appellant based on the said principle.
(3.) The appellant, aggrieved by this decision approached this Court under Article 226 of the Constitution of India, by preferring a writ application. This Court by an interim order dated 28th November, 2017 noted that the appellant/writ petitioner had made out a prima facie case for passing of an interim order but directed him to deposit Rs. 30,000,00/- with the provident fund authority within two weeks. On deposit of the sum, the said two demands would remain stayed. For two weeks there would be unconditional stay.;