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Union Of India & Ors vs M/S. Dharamendra Textile Processors ... on 29 September, 2008

17. Taking note of three-Judge Bench judgment of this Court in Union of India and Others v. Dharmendra Textile Processors and others (supra), which is indeed binding on us, we are of the considered view that any default or delay in the payment of EPF contribution by the employer under the Act is a sine qua non for imposition of levy of damages under Section 14B of the Act 1952 and mens rea or actus reus is not an essential element for imposing penalty/damages for breach of civil obligations/liabilities.”
Supreme Court of India Cites 44 - Cited by 1355 - A Pasayat - Full Document

Assistant Provident Fund Commissioner vs Employees Provident Funds Appellate ... on 27 June, 2023

(supra), wherein the question emerged for consideration was as to whether the damages which has been charged under Section 14B of the Act 1952 would be recoverable jointly or severally from the erstwhile as well as the current managements. At the same time, the judgment relied upon in Assistant Provident 14/19 https://www.mhc.tn.gov.in/judis ( Uploaded on: 29/05/2025 03:59:41 pm ) W.P.No.7381 of 2021 & batch Fund Commissioner, EPFO and Another (supra) was decided placing reliance on the judgment of this Court in Mcleod Russell India Ltd. (supra), which may not be of any assistance to the appellant(s).

Horticulture Experiment Station ... vs The Regional Provident Fund ... on 23 February, 2022

12.Both orders passed by the Tribunal are liable to be quashed, as the Tribunal has no authority to unilaterally reduce the quantum of damages levied by the statutory authorities based solely on its own ipse dixit. This Court has already settled the issue in a batch of writ petitions beginning with W.P. No. 1239 of 2020 (cited supra), wherein it was held in paragraph 50 as follows: – “50. The Supreme Court, in its decision in Horticulture Experiment Station, Gonikoppal, Coorg v. Regional Provident Fund Organization, reported in 2022 (4) SCC 516, held that the levy of damages is an essential consequence of non-payment of EPF dues and that the question of invoking mens rea as a necessary element for imposing a penalty does not arise. It is pertinent to refer to the following passage from paragraphs 13 to 17, which states as follows:
Supreme Court of India Cites 28 - Cited by 70 - A Rastogi - Full Document
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