Rajasthan High Court - Jaipur
Rajasthan Shiksha Karmi Board vs Assistant Provident Fund Commissioner on 31 July, 2020
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 8052/2020
Rajasthan Shiksha Karmi Board, Through Its Deputy Director,
Shiksha Sankul Premises, 5Th Floor, 5Th Block, Jln Marg, Jaipur,
Rajasthan.
----Petitioner
Versus
Assistant Provident Fund Commissioner, Employees Provident
Fund Organization, Sub Regional Office, Bhavishya Nidhi
Bhawan, Vigyan Nagar, Kota, Rajasthan.
----Respondent
For Petitioner(s) : Mr.Lokendra Singh Shekhawat For Respondent(s) :
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 31/07/2020 Learned counsel for the petitioner Board fairly submits that the main controversy, involved in the present case, is covered by the decision passed by the Coordinate Bench of this Court on 7 th August, 2019 in SB Civil Writ Petition No.1913/2016 (Rajasthan Shiksha Karmi Board Vs. Assistant Provident Fund Commissioner) along with the connected writ petitions.
Learned counsel submits that the Coordinate Bench of this Court has held that the petitioner Institution is not required to pay 100 percent damages under Section 14-B of the Employees Provident Fund & Miscellaneous Provisions Act, 1952 (for short "the Act of 1952") and only 50 percent damages can be recovered.
Learned counsel submitted that in the present case, as far as the main contribution under Section 7-A of the Act of 1952 is (Downloaded on 04/08/2020 at 09:18:31 PM) (2 of 2) [CW-8052/2020] concerned, the petitioner Board has already deposited the same, however, the amount of interest under Section 7-Q of the Act of 1952 and damages under Section 14-B of the Act of 1952 has not been so far deposited.
Learned counsel submits that at least, interim order may be passed to the extent of staying the recovery of 50 percent of damages, as per law laid down by this Court.
Issue notice of the writ petition as well as stay application, returnable on 26th August, 2020.
Additionally, copy of the writ petition be served in the office of learned counsel Mr.RB Mathur, who appeared in other similar matters.
In the meanwhile, the effect and operation of the order dated 20th September, 2014, shall remain stayed provided the petitioner Board deposits 50 percent of damages and full amount of interest, as per Section 7-Q of the Act of 1952 within a period of four weeks.
This Court makes it clear that as far as the interest, which is determined under Section 7-Q of the Act of 1952 is concerned, it will be required to be deposited by the petitioner Board within a period of four weeks.
The operation of the order of the Rajasthan Provident Fund Appellate Tribunal dated 8th November, 2019 shall also remain stayed subject to the conditions prescribed by this Court of depositing the aforesaid amount.
(ASHOK KUMAR GAUR),J Preeti Asopa /Himanshu/67 (Downloaded on 04/08/2020 at 09:18:31 PM) Powered by TCPDF (www.tcpdf.org)