St John’s School Whitehall Vs Employees Provident Fund Organization (Meghalaya High Court)
Meghalaya High Court didn’t entertained petition under Article 226 of the Constitution, for demand raised by EPF authorities for payment of damages and dues, due to availability of alternative statutory remedy. Accordingly, petitioner directed to deposit 25% of demanded amount.
Facts- The petitioner/school is a registered educational institution functioning in the State of Meghalaya since the year 1982. However, the school was registered with the Employees Provident Fund Organization only in the year 2000 and necessary payment/contributions was therefore made only from the year 2000.
Notably, the petitioner/school received a notice from the respondent authority in respect of the delay in depositing the dues for which interest and penal damages with effect from February 1996 to March 1999 was levied.
The petitioner/school were served with two orders with a direction to pay interest u/s. 7Q of the Act amounting to ₹ 1,28,393/- and the other order was for payment of damages of ₹ 3,35,478/- only with effect from February 1992 to April 2008. Such amount to be paid within 15 days of the said order failing which necessary action u/s. 8 of the Act to be initiated for recovery of the same.
