M/S. Indian Foods Private Limited v. Employees Provident Fund Organisation

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.08.2023

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and WMP(MD)No.16327 of 2023 M/s. Indian Foods Private Limited, Riverside, Thiruppuvanam - 630 611, Rep. By its Director ... Petitioner Vs Employees Provident Fund Organisation, Regional Office, Lady Doak College Road, Chokkikulam, Madurai- 625002, Rep. by the Assistant PF Commissioner.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Certiorarified Mandamus, calling for the records of the order passed by Central Government Industrial Tribunal cum Labour Court, Chennai in E.P.F.A No.83 of 2023, dated 18.07.2023 by confirming the letter of demand No. MD/MDU/PDC/M-8/20108/000/7Q/2023, dated 31.03.2023 issued by the respondent and quash the same and consequently permit the petitioner to clear the balance interest amount of Rs.10,05,858/- in twenty equal monthly installments.

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For Petitioner : Mr.M.Elanchezhian For Respondents : Mr.A.John Xavier Standing Counsel

ORDER

The present writ petition has been filed seeking a direction to quash the order passed by Central Government Industrial Tribunal cum Labour Court, Chennai in E.P.F.A No.83 of 2023, dated 18.07.2023, by confirming the letter of demand No. MD/MDU/PDC/M-8/20108/000/7Q/2023, dated 31.03.2023 issued by the respondent and consequently permit the petitioner to clear the balance interest amount of Rs.10,05,858/- in twenty equal monthly installments.

2.By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3.Heard, Mr.M.Elanchezhian, learned counsel appearing for the petitioner and Mr.A.John Xavier, learned Standing Counsel appearing for the respondents.

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4.For delayed payment of EPF contributions, the respondent has levied interest under Section 7Q of the Employees Provident Fund Miscellaneous Provisions Act, 1952 and demanded a sum of Rs.12,05,858/-, against which, the petitioner has preferred an appeal before the Tribunal and the same was dismissed as not maintainable. At the time of admission, the petitioner come forward with a proposal to pay the balance amount in 20 installments.

5.The respondent counsel also fairly submits that the petitioner may be permitted to pay the interest amount in 20 installments, after subtracting Rs.2,00,000/-, which was already paid by the petitioner. 6.In view of the above, the impugned order passed by Central Government Industrial Tribunal cum Labour Court, Chennai in E.P.F.A No.83 of 2023, dated 18.07.2023 is set aside and the petitioner is hereby directed to pay the balance amount of Rs.10,05,858/- in 10 monthly instalments and every instalment has to be paid by the petitioner, on or before 15th of every calendar month.

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7.With the above directions, this writ petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

14.08.2023 NCC : Yes / No Index : Yes / No Internet : Yes PNM To The Assistant PF Commissioner, Employees Provident Fund Organisation, Regional Office, Lady Doak College Road, Chokkikulam, Madurai- 625002.

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L.VICTORIA GOWRI, J.

PNM ORDER IN and WMP(MD)No.16327 of 2023 14.08.2023 5/5