M/S. Raasi Refractories Limited v. The Regional Provident Fund Commissioner

IN THE HIGH COURT OF JUDICATURE AT

HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH W.P.No. 30252 of 2015 Between:

M/s. Raasi Refractories Limited ... Petitioner and The Regional Provident Fund Commissioner and another ... Respondent/s DATE OF JUDGMENT PRONOUNCED: 21.9.2015 THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR Whether Reporters of Local newspapers may be allowed to see the Judgments?

No Whether the copies of judgment may be marked to Law Reports/Journals No Whether Their Ladyship/Lordship wish to see the fair copy of the Judgment?

No

THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P. NO. 30252 of 2015 ORDER:

WPMP No. 39751 of 2015 is ordered for the reasons mentioned therein.

Heard learned counsel for the petitioner as well as Mr. R.N. Reddy, learned standing counsel appearing for the respondents and with their consent the writ petition is disposed of.

The petitioner states that the petitioner's company was purchased by them in the month of September, 2014, but the share transfer was effected only in the month of July, 2015, whereupon they found that the earlier management had not paid the EPF contributions in spite of the orders passed by the respondents under Sections 7 (Q) and 14 (B) of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 and as on today it appears that the respondents made a claim of Rs.34,86,124/- under the impugned order. The present writ petition is filed challenging the said order.

No grounds are made out, inasmuch as the impugned order was passed as far back as in June, 2014 and has attained finality. In view of that, the learned counsel for the petitioner has made an alterative request for permitting the petitioner to pay the arrears of liability in 36 monthly equal instalments.

In the interest of justice, the petitioner is permitted to pay the entire liability due and payable to the respondents 1 and 2 in twelve equal monthly instalments commencing from the month of October, 2015. The monthly instalments shall be paid on or before 10th day of every successive month till liquidation. In default of any payment of any instalment, the respondents shall be at liberty to take appropriate further action in accordance with law. Miscellaneous applications, if any, shall stand closed. No order as to costs.

_________________________ VILAS V. AFZULPURKAR, J Dt. 21.9.2015 KR