Nn 630 Kombukkaranendal Pry. v. The Assistant Provident Fund
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.02.2017 CORAM :
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.2537 of 2017 and WMP(MD)Nos.2108 and 2109 of 2017 NN 630 Kombukkaranendal Primary Agricultural Co-operative Bank, Now called us Kombukkarananendal Primary Agricultural Co-operative Credit society, Represented through its Secretary Kombukkaranendal Post, Manamadurai Taluk, Sivagangai District.
... Petitioner vs.
1.The Assistant Provident Fund Commissioner, Employees Provident Fund Regional Office, Chinna Chokkikulam Madurai-2.
2.The Recovery Officer, Office of the EPF Organization Chinna Chokkikulam Madurai -2.
... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the impugned orders passed by the 1st respondent made in No.MD/MDU/RO/RECY/29677/8F/2016 dated 24.11.2016 and quash the same and direct the 1st respondent to permit the petitioner to pay the EPF contribution amount of Rs.3,03,440/- for 25 installments basis on the representation dated 22.12.2016 in accordance with the law.
For Petitioner : Mr.C.G.Pethanaraj For Respondent : Mr.N.Siva Kumar
ORDER
The prayer in this writ petition is for issuance of a Writ of Certiorarified Mandamus to call for the records of the impugned order passed by the 1st respondent made in No.MD/MDU/RO/RECY/29677/8F/2016 dated 24.11.2016 and quash the same and direct the 1st respondent to permit the petitioner to pay the EPF contribution amount of Rs.3,03,440/- for 25 instalments
basis on the representation dated 22.12.2016 in accordance with the law.
2.The petitioner is a Co-operative Bank and due to financial crisis, the petitioner management could not pay salary to their employees as well as to contribute EPF amount to the respondents. Hence, the 1st respondent initiated action under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, assessing the contribution amount of Rs.3,02,890/- against the petitioner bank. The 2nd respondent issued a demand notice dated 22.06.2016. Thereafter, the 1st respondent has passed the impugned order dated 24.11.2016 attaching the SB Account and all other accounts transaction of the petitioner. Hence, this writ petition.
3.Learned counsel for the petitioner would submit that the petitioner may be permitted to pay the abovesaid amount to the respondents in instalments, for which course, learned standing counsel for the respondents has no objection. 4.Recording the submission made on either side, the petitioner is directed to pay the contribution amount due to the respondents/Employees Provident Fund Organisation in twelve consecutive instalments. The first instalment shall commence by making payment on or before 10th March 2017 and the amount in each of the remaining instalments shall be paid on or before 10th of every succeeding months till the entire amount is paid. Till the instalments are completed, the impugned order shall be kept in abeyance. If the petitioner fails to make payment in any one of the instalments, the impugned order would be revived and the respondents can proceed further in accordance with law. With the above direction, this Writ Petition is disposed of. No costs. Consequently, WMP(MD)Nos.2108 and 2109 of 2017 are closed.
Sd/- Assistant Registrar (AS) /True copy/ Sub Assistant Registrar To 1.The Assistant Provident Fund Commissioner, Employees Provident Fund Regional Office, Chinna Chokkikulam, Madurai-2.
2.The Recovery Officer, Office of the EPF Organization Chinna Chokkikulam Madurai -2.
+1 CC to M/s.R.SARAVANAN, Advocate, SR No. 8450 NBI PSM/SKN/10.03.2017/3P/4C W.P(MD)No.2537 of 2017 15.02.2017