The High Court dismissed the review petition. The bench held that the penalty of 37% imposed for delay was legal as it adhered to the prescribed schedule, finding no material illegality.
One month's time granted to deposit the penalty amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Writ Review No. 259 / 2017
M/s Man Structural Pvt Ltd Through Its Executive Director (now Joint Managing Director) Shri Gaurav Rungta, P.B. No. 189, Near Loco, Jaipur
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Pnacham Surana
Mr. Sarvesh Jain
For Respondent(s) :
_____________________________________________________ HON'BLE MR. JUSTICE M.N.BHANDARI
Order
01/09/2017
Heard the review petition.
No material illegality in the order has been brought rather to average delay, maximum 37% penalty has been imposed under Section 14B of the Employees Provident Fund and Misc. Provisions Act, 1952 (for short “the Act of 1952”). The provision permits imposition of penalty up to 100%. However, a schedule was issued to organise penalty, taking into consideration the period of delay.
(2 of 2)
[WRW-259/2017]
The delay in the present case has been looked into by the court which varies from six days to nearly three years thus taking into consideration the delay and schedule, I find that imposition of penalty to the extent of 37% can be held to be illegal. Accordingly, finding no merit in the review petition, it is dismissed.
Learned counsel prays for and is granted one month’s time to deposit the amount of the penalty so imposed under Section 14B of the Act of 1952.
(MN BHANDARI) J.
sunita/65
1 issue framed by the court
Whether the penalty imposed under Section 14B of the Act of 1952 considering the delay schedule was illegal.
1 provisions across 1 enactments
M/s Man Structural Pvt Ltd
The Assistant Provident Fund Commissioner (Damages)
The Employees Provident Fund Appellate Tribunal
M.N. Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
