M/S.Baby Fireworks Industries v. The Assistant Provident Fund Commissioner,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.11.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.20114 of 2022 M/s.Baby Fireworks Industries, Jumbo Fireworks India Private Limited, 80, Velayutham Road, Sivakasi - 626 123, Virudhunagar District, Represented by The Managing Director.

... Petitioner Vs The Assistant Provident Fund Commissioner, Employees' Provident Fund Organisation, District Office, No.16A, R.S.Road, Bava Lodge Building, Nagal Nagar, Dindigul - 624 003.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of the respondent in his proceedings in No.MD/MDU/1321398/M11/Interest/ 2022, dated 25.07.2022 issued by the respondent and quash the same and consequently, permit the petitioner to clear the interest of Rs.13,62,509/- in 30 equal monthly installments.

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For Petitioner : Mr.M.Elanchezhian For Respondent : Mr.V.S.Karthi Standing Counsel

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Standing Counsel appearing for the respondent organization.

2. The petitioner questions the impugned order passed by the respondent. As rightly pointed out by the learned Standing Counsel, payment of interest under Section 7(Q) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 is the matter of automatic consequence and it cannot be challenged.

3. However, taking note of special facts and circumstances of the case, I felt that the petitioner can be permitted to clear the liability in easy installments. The learned Standing Counsel requested the Court to adjourn the matter so that he can take instructions. In alternative he has also opposed the grant of facility sought for by the petitioner.

4. It is a fact that in such cases this Court has been consistently granting the facility of clearing the liability in easy installments. I do not want to take a different view in this case. Taking note of the fact that the total amount payable 2/4

is Rs.13,00,000/- (Rupees Thirteen Lakhs only). I permit the petitioner to clear the same in 13 installments. The payment of the first installment will commence from 01.12.2022. From the second installment onwards, payment can be made on or before 10th of every succeeding month. This writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

17.11.2022 Index : Yes / No Internet : Yes/ No mga To The Assistant Provident Fund Commissioner, Employees' Provident Fund Organisation, District Office, No.16A, R.S.Road, Bava Lodge Building, Nagal Nagar, Dindigul - 624 003.

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G.R.SWAMINATHAN, J.

mga and W.M.P(MD)No.20114 of 2022 17.11.2022 4/4