INTER STATE TRANSPORT AGENCY SITAMARHI Vs. REGIONAL PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) This writ petition is directed against an order of the Regional Provident Fund Commissioner, dated 22.3.1982 made under Section 14B of the Employees' Provident Funds and Miscellaneous Provisions Act (hereinafter referred to as the Act), imposing damages of a sum of Rs. 49,909.25, for delay caused in depositing provident fund for the period of June 1973 to February 1976, as well as the order passed by the Regional Provident Fund Commissioner date d 25.5.1982 refusing to reconsider the earlier order imposing penal damages. The aforesaid orders have been marked respectively as Annexure '3' and '9' of this writ petition.

(2.) The case of the petitioner is that it is an establishment within the meaning of the Act and it has been allotted code No. B.R./1739. Originally the headquarters of the petitioner which is engaged in the transport agency business, was situated at Calcutta. The employees at Calcutta resort to various illegal activities under the. veil of labour dispute and caused serious disturbance in the working of the establishment which is evident from Annexures 1 and 2 of the writ petition and the petitioner having not received adequate protection from law and order authorities at Calcutta, it was constrained to shift the establishment to Sitamarhi in the State of Bihar. Inspite of the adverse circumstances created by the employees, the petitioner did not fail to deposit all the contribution under the Act before any notice issued by the authorities in this regard. There was. however, some delay in doing so which varied from 9 days to four months as would be evident from Annexure '8' of the writ petition during the entire period i. e. June 1973 to February 1976.

(3.) The points urged by the learned Counsel in support of this petition, assailing the orders aforesaid are as follows: