M/Z Geethanjaly Mills Ltd v. The Regional Provident Fund Commissioner - Ii
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.22714 of 2025 M/s.Geethanjaly Mills Limited, Post Box No.6, Sri Gomathipuram (Po), Sankarankovil - 627 753, Tenkasi District, Represented by its Managing Director.
... Petitioner Vs.
The Regional Provident Fund Commissioner -II, Employees' Provident Fund Organisation, Regional Office, NGO "B"Colony, Tirunelveli - 627 007.
... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, permitting the petitioner to clear the outstanding interest of Rs.14,39,055/- in 30 instalments to the respondent by considering the petitioner's representation dated 25.03.2024. For Petitioner : M/s.K.Hemakarthikeyan For Respondent : Mr.Anwar Sameem Standing Counsel 1/5
O R D E R
The present Writ Petition has been filed by the employer seeking a Mandamus to permit him to clear the outstanding interest arising out of default in remittence of contribution amount under the Employees' Provident Fund and Miscellaneous Provisions Act.
2. A perusal of the records reveal that the petitioner has suffered an order under Section 7 Q of the Employees' Provident Fund and Miscellaneous Provisions Act., wherein the employer of the establishment was directed to pay a sum of Rs.19,39,055/- (Rupees Ninteen Lakshs Thirty Nine Thousand and Fifty Five only).
3. According to the learned counsel appearing for the petitioner, the Mill has been closed and therefore, he seeks permission of this Court to pay outstanding amount in instalments.
4. The learned counsel appearing for the petitioner further submits that the excess amount has been deposited as against the order passed under Section 14 (B) of the Employees' Provident Fund and Miscellaneous 2/5
Provisions Act. Hence, he requested for adjustment of the said amount for the payment under Section 7 Q of the Employees' Provident Fund and Miscellaneous Provisions Act.
5. However, the learned Standing Counsel appearing for the respondent contended that such an adjustment cannot be made. In case, if any excess amount has been remitted by the employer pursuant to the order under Section 14 (B) of the Employees' Provident Fund and Miscellaneous Provisions Act, the employer has to workout his remedy before the appropriate forum.
6. Considering the above said facts, the petitioner Management is permitted to remit a sum of Rs.19,39,055/- (Rupees Nineteen Lakshs Thirty Nine Thousand and Fifty Five only) in 15 equal monthly instalments starting from September 2025 onwards.
3/5
7. With the above said observation, this Writ Petition stands disposed of. There shall be no order as to costs.
20.08.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To The Regional Provident Fund Commissioner -II, Employees' Provident Fund Organisation, Regional Office, NGO "B"Colony, Tirunelveli - 627 007.
4/5
R.VIJAYAKUMAR,J.
ebsi W.P(MD)No.22714 of 2025 20.08.2025 5/5