- (1.) The above-said writ petitions were ordered to be heard together vide order dated 29-06-2012 and, accordingly, both the above-said writ petitions were heard together by this court.
(2.) CWJC No. 11001 of 2001 has been filed by Assistant Provident Fund Commissioner, Regional Office, Employees Provident Fund Organization (hereinafter referred to as applicant) against M/s SK. Nasiruddin, Bidi Merchants Pvt. Ltd. & Anr. (Hereinafter referred to as "respondent") whereas; CWJC No. 20394 of 2010 has been filed by respondent against the applicant.
(3.) The applicant has prayed in CWJC No. 11001 of 2010 for quashing the order dated 08-08-2008 passed by Employees Provident Fund Appellant Tribunal (hereinafter referred to as "Tribunal") in A.T.A. No. 906(3) of 2004 by which, the learned Tribunal quashed xthe order dated 12-10-2004 passed by the Regional Provident Fund Commissioner (C & R), Bihar, Patna through which, damages under Section-14-B of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the "Act") was quashed on the ground that there was no willful default on the part of the respondent No. 1 of the aforesaid writ petition as he was seeking legal remedies available to him under the law and, furthermore, for quashing the order dated 20-11-2008 passed by the Tribunal in the same A.T.A. No. 906(3) of 2004 by which and whereunder, learned Tribunal directed the applicant to refund the amount, which was recovered from respondent No. 1 of the aforesaid writ petition, pursuant to the order, passed under Section-14B of the Act and also, for holding that the order dated 12-10-2004 passed by the Regional Provident Fund Commissioner as contained in letter No. 2425 was in accordance with law.;