Judgment:
ORDER
S.K. Keshote, J.
1. Heard-learned counsel for the petitioner and perused the Special Civil application.
2. Challenge is made by the petitioner by this petition to the order of (he respondent dated October 19, 1983 under which damages for delayed payment of different contributions under Section 14-B of Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the Act. 1952) have been levied.
3. From the order annexure 'A'. I am satisfied that it is a case where the petitioner is habitual defaulter in making of the payment of different amount of contributions under the provisions of the aforesaid Act. The statements showing the amount of penal damages levied under Section 14-B of the Act. 1952 reveals that the petitioner in all the years mentioned in the statements made to delay in payment. This period starts from the year 1952.
4. Taking into consideration this fact that the petitioner is habitual defaulter, no illegality has been committed by the respondent to levy the damages under Section 14-B of the Act. 1952.
5. Yet there is another reason for which no interference is called for by this Court in the impugned order. A glance at the statements attached to the aforesaid order reveals that the damages have been levied in many of the cases of delayed payments at the rate of 2%. Only in few delayed payments, damages have been levied at the rate of 5 to 15%. In one delayed payment, the damages have been imposed 100%, but in all other cases the damages does not exceed 25%. Looking to the fact that the petitioner is habitual defaulter it is a case where the respondent has taken the lenient view in the matter of levying of the damages.
6. In the result, this Special Civil Application fails and the same is dismissed. Rule discharged. Interim relief, if any, granted by this Court stands vacated.