THE REGIONAL PROVIDENT FUND COMMISSIONER vs M/S. APRA AUTO (INDIA) PVT. LTD.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 22.01.2026 + W.P.(C) 3824/2022 THE REGIONAL PROVIDENT FUND COMMISSIONER .....Petitioner Through: Mr. Braja Bandhu Pradhan, Advocate. versus M/S. APRA AUTO (INDIA) PVT. LTD. .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT (ORAL) 1. The present petition has been filed seeking setting aside of the order dated 08.04.2021 passed by the Presiding Officer, Central Government Industrial Tribunal-cum-Labor Court-II, Rouse Avenue, Delhi (hereinafter “the Tribunal”) whereby, while appreciating the appeal, the order passed under Section 14B of The Employees’ Provident Funds And Miscellaneous Provisions Act, 1952 (hereinafter “the EPF and MP Act”) was set aside. 2. Notably, despite being served, the respondent did not appear in the underlying proceedings before RPFC Gurgaon and was proceeded ex parte on 05.05.2015. Even in the present proceedings, efforts to serve the respondent remained futile and substituted service was directed. The necessary publications were carried out, and an affidavit of service was also filed. 3. The petitioner has claimed that initially, the concerned officer had passed an order on 27.03.2018 under Sections 14B and 7Q of the EPF & MP Act whereby it had assessed the payable dues and directed the respondent to pay a sum Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI W.P.(C) 3824/2022 Page 1 of 6 Signing Date:03.02.2026 18:15:26 of Rs.16,38,313/- towards damages under Section 14B as well as Rs.8,00,7899/- towards interest under Section 7Q, for delayed remittance of EPF dues of its employees for the period between March 2014 and June 2015. The respondent challenged the said order by way of an appeal filed on 04.02.2020, and the said proceedings resu