Madras High CourtWP/25221/2022disposed of

M/S.Ats Chem Equipment Private Limitied v. The Regional P.F Commissioner

2025-07-29Honourable Mr.Justice P. Dhanabal6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-07-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL and WMP No.24170 of 2022 M/s.ATS Chem Equipment Private Limited Represented by its Authorized Signatory Mr. K. Saravanan 146/1, 147/2, 3, 4, 5 Thengalpalayam Road, Athanur Village, Rasipuram (TK) Namakkal District 606 301. Petitioner Vs 1.The Regional P.F commissioner (Comp II), Employees Provident Fund Organization Steel Plant Road, Thlavapatti, Salem-636 302.

2.The Regional P.F. Commissioner (Comp II), Employees provident Fund Organization, Sub- Regional office, Anna Salai Swarnapuri, Salem 636 004.

3.The Assistant P.F. Commissioner, Employees Provident Fund Organization, Sub-Regional Office, S J Plaza, Swarnapuri, Salem- 636 004. Respondents PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Certiorarified Mandamus, calling for the records on the file of st respondent CB/SLM/RECY/KING-III/71750/2022 dated 26.07.2022, quash the same and consequently permit the petitioner to pay the outstanding amount of Rs.18,25,815/- in 12 equal monthly instalments.

For Petitioner:

S.Raveekumar For Respondents:

M/s. K. Srinivasa Murthy, SPCCG

ORDER

This writ petition has been filed by the petitioner challenging the order passed by the 1 st respondent CB/SLM/RECY/KING-III/71750/2022 dated 26.07.2022.

2. After some arguments the learned counsel appearing for the petitioner would submit that he is ready to pay the amount quantified by the authority under Section 7(A) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 and seeks to grant three months time to pay the entire amount and already a demand draft for a sum of Rs.3,00,000/- (Rupees Three Lakhs Only) was drawn on 11.07.2025.

3.The learned counsel appearing for the respondents strongly opposed to grant time saying that the order was passed as early as on 26.07.2022 and thereafter they filed this writ petition, by which, already consumed much time. Therefore, strongly opposed to grant three months time amount to pay the entire amount.

4.Considering the said submissions of the petitioner's counsel and as already a demand draft for a sum of Rs.3,00,000/- (Rupees Three Lakhs Only) was drawn and facts and circumstances of the case, this Court is inclined to grant three months time to the petitioner to pay the entire amount as quantified by the authority under the impugned order, from the date of receipt of a copy of this order. It is made clear that if the amount is not paid within a period of three months, the respondents are at liberty to take appropriate steps to recover the amount in accordance with law.

5.With the above observations, this Writ Petition is disposed of. There is no order as to costs. Consequently, connected Miscellaneous Petition is closed. 29-07-2025 1/2 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Regional P.F commissioner (Comp II), Employees provident Fund Organization Steel Plant Road, Thlavapatti, Salem-636 302.

2.The Regional P.F. Commissioner (Comp II), Employees provident Fund Organization Sub- Regional office Anna Salai Swarnapuri, Salem 636 004 3.The Assistant P.F.Commissioner Employees Provident Fund Organization, Sub- Regional Office, S J Plaza, Swarnapuri, Salem- 636 004.

P.DHANABAL J.

gbi 29-07-2025