AIR 1967 MADRAS 129 ::(1966) 2 LabLJ 676 ::(1965) 29 FJR 309 ::(1966) 79 MadLW 604 ::(1966) 2 MadLJ403 ::ILR (1967) 2 Mad 606

Madras High Court

Hon'ble Judge(s): M. Anantanarayanan, Ramakrishnan , JJ

(A) Employees Provident Funds Scheme (1952) , S.7A, S.5— Employees Provident Funds Scheme (1952) , Cl.26, Cl.30— Clauses entitle Provident Fund Commissioner to recover from employer arrears of contribution even for pre-discovery period (i.e. date from which scheme became applicable to employer to date on which employer is called upon to pay contribution by notice) - Contention that such interpretation leads to hardships or injustice has no substance in view of S.7-A.W. P. No. 888 of 1959, D/- 15-03-1962 (Mad.) Reversed.Case law discussed. (Para 10 11 12 17) (B) Employees Provident Funds Scheme (1952) , S.5— Employees Provident Funds Scheme (1952) , Cl.39— Administrative charges - Claim for administrative charges calculated as percentage on amount claimed from employer by way of contribution for pre-discovery period is @page-Mad130admissible.W. P. No. 888 of 1959, D/- 15-03-1962 (Mad.) and W. P. No. 619 of 1959 (Mad.), Reversed.AIR 1958 Cal 570, Not Foll. (Para 15) (C) Employees Provident Funds Scheme (1952) , S.14B, S.7A— Damages cannot be claimed in absence of proof of default - Each case must be examin....