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Showing contexts for: design to commit in Birla Cotton Spinning & Weaving Mills ... vs Union Of India And Ors. on 29 August, 1983Matching Fragments
(30) It may be that there is no limitation within which the proceedings under Section 14B(r) may be initiated against an employer. But that by itself would not justify the respondents' from sleeping over their duties for decades and then all of a sudden one day to wake up and start these proceedings against an employer. Technically there may not be a bar. But a practical working arrangement must be arrived at. Cases must be distinguished. Where there has been a total neglect of making contribution as required by the Statute, then unless some fullest justification is put forth the default of the employer would necessarily require action to be taken against him under Section 14B even if number of years have elapsed since the default was committed. But where the employer has been depositing the contribution but has defaulted in the sense that he has de- layed it by a few days' or a couple of weeks a more liberal and less stringent action is called for in case action is initiated against such an employer for a period extending over decades. It is common case that monthly statements are filed by the employers with the Regional Provident Fund Commissioner of the deposits effected, in the Provident Fund and the family pension scheme. The dates of deposits are also elaborated. The Regional Provident Fund Commissioner in the circumstances, can without any difficulty ascertain if defaults or delays have been committed or not. The question to be considered is, if he does not choose to ascertain the correct position, and be vigilant, can he seek that his' own rem^sness, inactivity and laches for years together be ignored while he should have full right to take the employers to task for defaults committed for periods ranging from some days to some months. In our social welfare state, the concept it seems, needs to be recognised in our jurisprudence that when a subject is sought to be penalised for lapse in the discharge of obligations within a particular time, the government has as well to correspondingly observe norms of promptitude and reasonableness, and cannot post to seek soft paddling and by-passing of its own lapse, and sermonise the subject of the virtues of the promptness. Inefficiency, inactivity or red-tapism in governmental departments can only provide cover up, to the concerned officers as if they can afford to indulge in them with immunity with no consequence flowing to them for the resultant loss caused to the government or the department or body for the protection of which they are posted. One can understand cases where offenders have managed to conceal their identity and the delays remain undiscovered on account of deceptions played by them. However, where facts are known to the government, or could be known with a little bit of diligence, to seek to penalise the subject heavily for some days' delay and ignore the non-feasance or misfeasance of the government for years together, would appear to be very harsh. It is correct that the socio-economic legislation meant for the ultimate benefit of the labour has to be enforced in the right spirit. However, the real bite should come and severe actions taken against those who do not at all comply or designedly commit long delays. The same, however, need not be harshly enforced against all sundry, most of whom do effect deposits, through late by some days, or weeks, because of certain compelling exigencies. Old graves too have not to be indiscriminately dug, and matters which were considered closed long back, should not be too readily opened. The law of limitation does not have its roots entirely in technicalities. It has been rightly termed by age old jurists as law of peace and repose. One has to take into account that it may not be possible sometimes to recapitulate and explain the circumstances which operated a decade or so earlier in the commission of default for short periods in the deposit of amounts. It is possible that after such a great delay the respondents may be under a bona fide belief that the delay that has occurred has been condoned and may so arrange his finances and commitments as not to provide for any damages that may suddenly now be imposed for all these years.