M/S. Winnar Vikas International School v. The Assistant Provident Fund Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-04-2025
CORAM
THE HONOURABLE MR JUSTICE M.DHANDAPANI M/s. Winnar Vikas International School Rep. By Its Chairman, Ars Kalvi Nagar, Koranampatty Post, Edappadi Taluk, Salem-637 102.
Petitioner(s) Vs The Assistant Provident Fund Commissioner Employees Provident Fund Organization, Regional Office, Steel Plant Road, Dalavaipatti, Salem-636 302.
Respondent(s) Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Prohibition prohibiting the respondent from proceeding further in terms of orders dated 26.11.2024 bearing CB-RO/SLM PDC/90919/S4/14-B-Proceeding/2024 under 14B of the Act claiming damages of Rs.9,59,221/- for the August 2014 to March 2017 and bearing No.CB-RO/SLM PDC/90919/S-4/7Q Proceeding/2024 under Section 7Q of the Levy of interest of Rs.6,11,106/- until the disposal of the appeals filed under Section 7-I of the Employees Provident Fund and Miscellaneous Provisions Act, 1952.
For Petitioner(s):
N.Ranjith Kumar For Respondent(s):
Mr. M. Palanimuthu
O R D E R
The petitioner has filed this Writ petition prohibiting the respondent from proceeding further in terms of orders dated 26.11.2024 bearing CB-RO/SLM PDC/90919/S-4/14-B-Proceeding/2024 under 14B of the Act claiming damages of Rs.9,59,221/- for the August 2014 to March 2017 and bearing No.CBRO/SLM PDC/90919/S-4/7Q Proceeding/2024 under Section 7Q of the Levy of interest of Rs.6,11,106/- until the disposal of the appeals filed under Section 7-I of the Employees Provident Fund and Miscellaneous Provisions Act, 1952.
2. Mr.Palanimuthu, learned counsel takes notice on behalf of the respondent. In view of the consent view expressed by the learned counsel on either side, this Writ petition is taken up for final disposal at the admission stage itself.
3. The case of the petitioner is that the petitioner is a school running under the ARS Educational and Charitable Trust established in the year 20112012 employing more than 70 employees both teaching and non-teaching staff. The petitioner has filed this petition prohibiting the respondent from proceeding further in terms of the said order, further the respondent had directed the petitioner to pay damages under Section 14-B for the belated remittances made
during the period 01.08.2014 to 31.03.2017 for a sum of Rs.9,59,221/- and interest under Section 7Q for a sum of Rs.6,11,106/- Seeking to permit the petitioner to remit the demand amount of Rs.6,11,106/- in 10 equated instalments, 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.6,11,106 /- in 10 equated monthly installments.
5. On the above said contentions, heard the 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.6,11,106/- by way of Ten
(10) equated monthly installments, commencing from 5 th June, 2025 and shall pay the installments on or before 5 th 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.
30-04-2025 rli Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.The Assistant Provident Fund Commissioner Employees Provident Fund Organization, Regional Office, Steel Plant Road, Dalavaipatti, Salem-636 302.
M.DHANDAPANI J.
30-04-2025