Madras High Court
The Assistant Provident Fund ... vs Employees Provident Fund ... on 21 August, 2023
W.A. Nos. 1736, 1737, 1738, 1740, 1744, 1745,
1746, 1749, 1752 & 1756 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.08.2023
CORAM
THE HON'BLE MR. JUSTICE S. VAIDYANATHAN
AND
THE HON'BLE MR. JUSTICE K. RAJASEKAR
W.A. Nos. 1736, 1737, 1738, 1740, 1744, 1745,
1746, 1749, 1752 & 1756 of 2023
&
C.M.P. Nos.15350, 15356, 15371, 15372, 15373, 15377, 15381, 15383,
15423 & 15477 of 2023
W.A. No. 1736 of 2023
The Assistant Provident Fund Commissioner,
Employees' Provident Fund Organization,
Bhavishya Nidhi Bhawan,
Dr. Balasundaram Road,
Coimbatore 641 018. ..Appellant
Vs.
1. Employees Provident Fund Appellate
Tribunal,
Scope Minar, 4th Floor
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W.A. Nos. 1736, 1737, 1738, 1740, 1744, 1745,
1746, 1749, 1752 & 1756 of 2023
(Ministry of Labour & Employment,
Govt. of India),
Core -2, Laxmi Nagar,
New Delhi 110 092.
2. M/s. Silver Cloud Coffee Estate,
rep.by its Manager,
Gudalur, The Nilgiris 643 211. ..Respondents
Prayer in W.A. No. 1736 of 2023: Writ Appeal as against the order dated
21.06.2011 passed in W.P. No. 22806 of 2020.
For Appellant in
W.A.No.1736 of 2023 :: Ms.R. Meenakshi
COMMON JUDGMENT
(Delivered by S. Vaidyanathan,J.)
The instant intra court appeals are directed against the order dated
21.06.2011 passed in W.P. Nos. 22806, 21143, 22082, 22083, 21142,
17518, 17520, 21137, 22096 & 22084 of 2010 respectively.
2. The appellant herein, namely, the Assistant Provident Fund
Commissioner, Coimbatore, had filed the aforesaid writ petitions
challenging the various orders passed by the Employees Provident Fund
Appellate Tribunal reducing the quantum of damages payable by the
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W.A. Nos. 1736, 1737, 1738, 1740, 1744, 1745,
1746, 1749, 1752 & 1756 of 2023
respective employer in the appeals preferred by the respective employer as
against the levy of damages imposed on account of delayed remittance of
PF dues. The learned Single Judge, by a detailed order, citing various
judgments of the Hon'ble Apex Court and various other High Courts and
after consideration of the submissions made on behalf of the parties,
dismissed the aforesaid writ petitions.
3. When the writ appeals are taken up today, it is submitted by the
learned counsel for the appellant that the matters are squarely covered by
the judgment of this Court dated 27.06.2023 passed in W.A. No. 1382 of
2014, wherein the powers of the Tribunal to reduce the quantum of damages
payable by the employer was dealt with while disposing of the writ appeal.
4. In view of the above submission made by the learned counsel
for the appellant, these writ appeals are also disposed of on the same lines.
No costs. Connected miscellaneous petitions are closed.
(S.V.N.J.) (K.R.S.J.)
nv 21.08.2023
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W.A. Nos. 1736, 1737, 1738, 1740, 1744, 1745,
1746, 1749, 1752 & 1756 of 2023
S. VAIDYANATHAN,J.
AND
K. RAJASEKAR,J.
To
The Assistant Provident Fund Commissioner,
Employees' Provident Fund Organization,
Bhavishya Nidhi Bhawan,
Dr. Balasundaram Road,
Coimbatore 641 018.
W.A. Nos. 1736, 1737, 1738,
1740, 1744, 1745,1746, 1749
1752 & 1756 of 2023
21.08.2023
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