Disposed

Pb.State Coop.Supply & Mkt.Fed. v. Regional .P.F.Commission

Punjab & Haryana HC25 Jul 2024CWP/1802/1997

Case brief

AI extract

What is this about?

Writ petition seeking interest on excess provident fund liability recovered under a first Section 7A assessment and refunded after re-assessment. Respondent conceded recovery and refund. Court directed payment of interest at 7.5% per annum on the differential amount from date of recovery to date of refund.

What did the court decide?

Interest @ 7.5% p.a. on the differential amount from date of recovery to date of refund.

Pb.State Coop.Supply & Mkt.Fed. Vs… — Pension and Retirement Benefits | Punjab & Haryana HC (2024)

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CWP-1802-1997 (O&M) 1

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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205 CWP-1802-1997 (O&M) Date of Decision : 25.07.2024

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THE PUNJAB STATE CO-OPERATIVE SUPPLY AND MARKETING FEDERATION LIMITED, CHANDIGARH

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…. PETITIONER

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V/S

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REGIONAL PROVIDENT FUND COMMISSION, CHANDIGARH AND ANOTHER

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…. RESPONDENT

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CORAM : HON'BLE MR. JUSTICE JAGMOHAN BANSAL

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Present :- Mr.Siddharth Sharma, Advocate for Mr. Vishal Moudgil, Advocate for the petitioner.

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Mr. Rajesh Hooda, Advocate for the respondents.

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JAGMOHAN BANSAL, J. (Oral)

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The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of award dated 08.10.1996 (Annexure P-12) whereby respondent has assessed its liability. The petitioner is further claiming interest on refund.

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The petitioner is a society under Punjab Co-operative Societies Act, 1961. The respondent alleging non-payment of provident fund passed an order under Section 7A of Employees Provident Fund and Miscellaneous Provisions Act, 1952. The petitioner assailed said order before this Court by way of writ petition. The matter was remanded back

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Anju Goel 2024.07.26 09:34 I attest to the accuracy and integrity of this document Chandigarh

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CWP-1802-1997 (O&M) 2

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to adjudicating authority which passed fresh order whereby liability was reduced to Rs.11,57,150/-. It is apt to notice that in the 1^st assessment order, liability was assessed to the tune of Rs.1,03,47,761/-. The respondent after deducting re-determined liability refunded the remaining amount which was recovered after framing 1^st assessment.

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The petitioner at this stage is claiming interest on the refunded amount on the ground that respondent wrongly and coercively recovered the said amount and is liable to pay interest.

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Mr. Rajesh Hooda, Advocate concedes that amount as determined by 1^st assessment order was recovered and refunded after passing 2^nd assessment order. The amount was ultimately refunded on 06.03.1997. He expressed his inability to controvert the fact that respondent is liable to pay interest on the excess retained amount.

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In the wake of aforesaid facts, this Court is of the considered opinion that respondent is liable to pay interest on the excess amount which was recovered after passing 1^st assessment order. Accordingly, the respondent is directed to pay interest @ 7.5% per annum on the differential amount from the date of recovery to date of refund.

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Disposed of.

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Pending miscellaneous application, if any, shall also stand

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disposed of.

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25.07.2024 (JAGMOHAN BANSAL) anju JUDGE Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No

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Anju Goel 2024.07.26 09:34 I attest to the accuracy and integrity of this document Chandigarh

Pb.State Coop.Supply & Mkt.Fed. v. Regional .P.F.Commission

Case brief

What is this about?

What did the court decide?

Pb.State Coop.Supply & Mkt.Fed. v. Regional .P.F.Commission

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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