M/S.Veremax Management Services Private Limited v. The Regional Provident Fund Commissioner-I
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.04.2025 CORAM :
THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.No.13224 of 2025 M/s.Veremax Management Services Private Limited, Represented by its Authorised Signator, Mrs.Shanmugapriya, No.75B, Teachers Colony, Lakshmipuram, Chennai - 600 099.
...Petitioner
Vs.
The Regional Provident Fund Commissioner -I, Employees Provident Fund Organization, Regional Office-Ambattur, R-40A, T.N.H.B. Office Complex, Mugappair Road, Mugappair East, Chennai - 600 037.
...Respondent
Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus to quash the order bearing Ref.No.TN/RO/AMB/PDC/208/1945525/000/2024/LEVYORDER/2024 and TN/RO/AMB/PDC/208/1945525/000/14B/ LEVYORDER/2024 dated 31/07/2024 passed by the respondent and direct the respondent to consider Page No.1 of 6
the representation dated 20.03.2025 given by the petitioner to The Regional Provident Fund Commissioner - I, Regional Office, Ambattur, Chennai - 600 037 levying interest and damages amounting to Rs.92,22,199/- under Section 7Q and 14B of the EPF & MP Act, 1952 to be paid within 23 monthly installments.
For Petitioner : Mr.C.Kasiviswanadhan For Respondent : Mr.M.Palani Muthu for EPF
O R D E R
The petitioner has filed this Writ petition seeking direction to quash the order bearing Ref.No.TN/RO/AMB/PDC/208/1945525/000/2024/LEVYORDER/2024 and TN/RO/AMB/PDC/208/1945525/000/14B/ LEVYORDER/2024 dated 31/07/2024 passed by the respondent and direct the respondent to consider the representation dated 20.03.2025 made by the petitioner.
2. Mr.M.Palani Muthu, learned counsel takes notice on behalf of the respondent. In view of the consent expressed by the learned counsel on either side, this Writ petition is taken up for final disposal at the admission stage itself.
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3. The case of the petitioner is that the petitioner is engaged in the business of providing manpower to various companies. The petitioner is covered under the provisions of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (in short 'the Act'). The petitioner has been regular and prompt in deducting and remitting contributions in respect of large number of employees employed in the petitioner's establishment. Since there was disruption in their business, they could not remit the statutory contributions. Thereby, the respondent issued a show cause notice dated 31.07.2024 to pay a sum of Rs.52,71,511/- towards damages u/s.14B of the Act and a sum of Rs.39,56,688/- was levied as interest u/s.7Q of the Act, totalling a sum of Rs.92,28,199/- to be payable by the petitioner. Challenging the same, the present writ petition has been filed.
4. Though very many grounds have been raised, the learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the respondent to permit the petitioner to remit the determined amount of Rs.92,28,199/- in 23 equated monthly installments. Page No.3 of 6
5. On the above said contentions, heard learned counsel appearing on behalf of the respondent and perused the materials available on record.
6. In view of the limited request made by the learned counsel for the petitioner, this Court without going into the merits of the case, permits the petitioner to remit the entire demand amount of Rs.92,28,199/- by way of Fifteen (15) equated monthly installments, commencing from 7th May, 2025 and shall pay the installments on or before 7th of every succeeding English Calendar month, failing which, it is open to the respondent to initiate appropriate action against the petitioner in accordance with law.
7. With the above directions, this Writ Petition stands disposed of. No costs. Consequently, the connected Miscellaneous petition is closed. 02.04.2025 rap NCC : Yes/No Index : Yes/No Speaking Order : Yes/No Page No.4 of 6
To:
The Regional Provident Fund Commissioner -I, Employees Provident Fund Organization, Regional Office-Ambattur, R-40A, T.N.H.B. Office Complex, Mugappair Road, Mugappair East, Chennai - 600 037.
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M.DHANDAPANI, J.
rap 02.04.2025 Page No.6 of 6