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Issues Involved:
The issues involved in this case include compliance with the Employees Provident Fund and Miscellaneous Provisions Act, 1952, the application of Section 14-B of the Act for levying damages on defaulting employers, and the question of liability for damages in case of delayed payments. Compliance with Employees Provident Fund Act: The appellant had applied the provisions of the Employees Provident Fund Act to the respondent Institution, which was challenged by the respondent in a writ petition. The Court had directed the petitioners to comply with the Act and schemes framed thereunder from a specified date. Despite this, the respondents continued to deposit amounts with the University instead of the Fund, leading to the appellant levying damages under Section 14-B of the Act. Application of Section 14-B for Levying Damages: Section 14-B of the Act empowers authorities to recover damages from employers for default in payment of contributions to the Fund. The High Court had held that the appellant was not liable to levy damages on the respondents. The respondent contended that there was no intentional delay in depositing the amount and that they had redeposited the sum after receiving directions from the University. Liability for Damages in Case of Delayed Payments: The Court analyzed Section 14-B, emphasizing the statutory obligation of employers to deposit contributions to the Fund promptly. The Act mandates penalties for delayed payments to ensure employee welfare benefits. The Court found no justification for the respondents' actions in depositing funds with the University instead of the Fund post the Court's directions. The Court held that the Regional Provident Fund Commissioner had no discretion to waive penalties entirely and directed the respondents to deposit the balance amount within a specified timeframe. This judgment highlights the importance of timely compliance with statutory obligations under the Employees Provident Fund Act and clarifies the authority's power to levy damages on defaulting employers.
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