BHARAT BARREL AND DRUM MANUFACTURING COMPANY PRIVATE LTD Vs. RAVAL B N

JUDGEMENT

(1.) In this petition under Art. 226 of the Constitution, the petitioner-company (hereinafter referred to as the company) seeks an order of injunction to restrain the respondents from recovering from the company the aggregate sum of Rs. 11,237.97 demanded as damages by letters, dated 10 and 17 September, 1964, annexed as Ex. D to the petition. Towards the larger sum demanded for damages, the company had paid Rs. 14,157.58. By prayer (b) of the petition, the company has demanded refund of that amount as having been illegally recovered from the company by the respondents as damages.

(2.) The short facts leading to the institution of the petition may be summarized as follows : The company carries on business of manufacturing steel drums and barrels at its factory situate in Greater Bombay. Respondent 1 and 2 are in charge of the administration of the Employees Provident Funds Scheme (in the State of Maharashtra) enacted under the Employees Provident Funds Act, 1952. The above Act is admittedly applicable to the company and its factory. Under S. 6 of the Act and Para. 29 of the Employees Provident Funds Scheme made under the Act, at all relevant times, the company was liable to contribute to the provident fund 8 per cent of the basic wages and dearness allowance payable to each employee of the company to whom the scheme applied. Each of the employees of the company to whom the scheme applied was equally liable to contribute to the provident fund 8 per cent of his basic wages and dearness allowance. Under Para. 38(1) of the scheme, the company was under an obligation to deduct the employee's contribution along with its own contribution and a certain amount towards an administrative charge fixed under the scheme within fifteen days of the of every month by separate bank drafts or cheques. Under Sub-para. (2) of Para. 38, the company was bound to forward to the Commissioner within fifteen days of the close of the month a monthly consolidated statement in the prescribed form showing recoveries made from the wages of each employee and the amount contributed by the company in respect of each such employee. Paragraph 30(1) of the scheme provided that the employer

(3.) Sub-paragraph (3) of Para. 32 of the scheme provided that