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1 - 5 of 5 (0.20 seconds)Horticulture Experiment Station ... vs The Regional Provident Fund ... on 23 February, 2022
5.In view of the above principles laid down by the Hon'ble
Supreme Court and the Hon'ble Full Bench of this Court, the findings of
the appellate tribunal that there is no element on the part of the
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WP(MD)No.13168 of 2021
respondent establishment for mens rea or actus reus cannot be a ground
to modify the order of the original authority. Therefore, the impugned
order is set aside. However, the 2nd respondent is at liberty to pay the
balance amount as claimed under Section 14B of the EFP Act, in six
equal monthly installments commencing from November 2025.
Article 226 in Constitution of India [Constitution]
The Provident Funds Act, 1925
Union Of India & Ors vs M/S. Dharamendra Textile Processors ... on 29 September, 2008
19.Taking note of the three-Judge Bench judgment
of this Court in Union of India Vs Dharmendra Textile
Processors, 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 14-B of the 1952 Act and mens rea or actus reus
is not an essential element for imposing penalty /
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WP(MD)No.13168 of 2021
damages for breach of civil obligations / liabilities.”
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