M/S. First Choice Outsourcing Services v. Regional Provident Fund Commissioner - Ii

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P.(MD) No.8841 of 2025 M/s.First Choice Outsourcing Services 53, Water Tank Buildings Ground Floor Near Rajaganapathy Temple Periyar Nagar Trichy-620 005 ... Petitioner -vsRegional Provident Fund Commissioner-II Employees Provident Fund Organisation Trichy Regional Office P.B.No.588, Sree Complex No.18, Madurai Road Trichy-620 008 ... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for the records of order Ref.No.CB/TRY/82562/PDC/7Q/513/2025, dated 25.03.2025, passed by the respondent, quash the same and directing the respondent to accept the

outstanding interest amount of Rs.13,82,659 (Rupees thirteen lakhs eight two thousand six hundred and fifty nine only) in 24 equal monthly installments. For Petitioner :

Mr.P.Thangaraju For Respondent :

Mr.N.Dilip Kumar

O R D E R

Heard Mr.P.Thangaraju, learned counsel for the petitioner and Mr.N.Dilip Kumar, learned counsel appearing for the respondent.

2. Though this writ petition has been filed by the petitioner - employer challenging the order bearing Ref.No.CB/TRY/82562/PDC/7Q/513/2025, dated 25.03.2025, passed by the respondent under Section 7Q of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, learned counsel for the petitioner, after arguing the matter for quite sometime, submitted that the petitioner is willing to pay the entire amount, however, he is not in a position to pay such a huge amount in lump sum and seeks twenty four equal monthly installments.

3. Learned counsel appearing for the respondent strongly opposed for granting twenty four equal monthly installments to the petitioner as the amounts are pertaining to the period from 2022 to 2024.

4. This Court, having considered the submissions made on either side and taking into consideration the orders that are being passed by the different coordinate Benches of this Court and with a view to ensure that the petitioner clears the entire dues under the impugned order, deems it appropriate to grant reasonable installments to the petitioner to clear the entire dues under the impugned order.

5. Accordingly, this writ petition is disposed of by permitting the petitioner to pay the entire dues in thirteen (13) equal monthly installments. The first of such installments being Rs.1,82,659/- (Rupees one lakh eighty two thousand six hundred and fifty nine only) shall be paid on or before 15.05.2025 and the balance amount of Rs.12,00,000/- (Rupees twelve lakhs only) shall be paid in twelve (12) equal monthly installments thereafter. In case, if the petitioner commits any default in payment of the installments for two consecutive months, the respondent is at liberty to take all necessary

steps for recovery of the entire amount due from the petitioner towards interest, in accordance with law. No costs. Consequently, connected miscellaneous petition is closed.

25.04.2025 NCC :

Yes / No Index :

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Yes / No krk

MUMMINENI SUDHEER KUMAR, J.

krk and W.M.P.(MD) No.8841 of 2025 25.04.2025