M/S. Nn 627 K. Pethanendal v. The Assistant Provident Fund Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.11.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ M/s. NN 627 K.Pethanendal Primary Agricultural Cooperative Credit Society, Theli, Poovanthi Thiruppuvanam Taluk Sivagangai District rep. By its Secretary J.Rajendran ... Petitioner Vs.
1.The Assistant Provident Fund Commissioner Employees Provident Fund Organization, Ministry of Labour, Government of India Regional Office, Lady Doak College Road, Chokkikulam, Madurai-625 002.
2.The Recovery Officer Employees Provident Fund Organization, Ministry of Labour, Government of India Regional Office, Lady Doak College Road, Chokkikulam, Madurai-625 002.
3.The Branch Manager, Sivagangai District Central Cooperative Bank, Thiruppuvanam, Sivagangai District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for issuance of writ of mandamus, directing the respondents 1 and 2 herein to allow the petitioner society to pay the outstanding determined amount of the Employees Provident Fund Dues to the tune of Rs.2,83,687/- as against the total outstanding amount of Rs.3,61,687/- in ten equated monthly installments in connection with the letter No.MD/MDU/37664/8F/RO/ RECY / M-08 / 2019 dated 03.10.2019 issued by the 1st respondent and consequently also direct the 3rd respondent to defreeze the petitioner society Bank account operations forthwith.
For Petitioner : Mr.P.Mahendran 1/3
For Respondent : Mr.V.S.V.Venkateswaran Standing Counsel for RR-1 & 2 Mr.D.Shanmugaraja Sethupathi for R-3 ******
ORDER
Mr.V.S.V.Venkateswaran learned counsel takes notice for the respondents 1 & 2. Mr.D.Shanmugaraja Sethupathi, learned counsel takes notice for the third respondent.
2. By consent of both sides, the writ petition is taken up for final disposal.
3.This writ petition has been filed for issuance of a direction, directing the respondents 1 and 2 to allow the petitioner society to pay the outstanding determined amount of the Employees Provident Fund Dues to the tune of Rs.2,83,687/- as against the total outstanding amount of Rs.3,61,687/- in ten equated monthly installments in connection with the letter No.MD/MDU/37664/8F/RO/ RECY / M-08 / 2019 dated 03.10.2019 issued by the 1st respondent and consequently also direct the 3rd respondent to defreeze the petitioner society Bank account operations forthwith. 4.The respondent has sent a letter in proceedings No.MD/MDU/37664/8F/RO/ RECY / M-08 / 2019 dated 03.10.2019, demanding interest under Section 7Q of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 against the petitioner herein.
The total due as per the order is Rs.3,61,687/- (Rupees three lakhs sixty one thousand six hundred and eighty seven only). Even though an appeal remedy is available against this order, the petitioner is willing to comply with the order. But he expresses his inability to make the payment in one stroke. Therefore, he seeks permission from this Court to pay the outstanding determined amount of the Employees Provident Fund Dues to the turn of Rs.2,83,687/- in 10 installments.
5.Mr.V.S.V.Venkateswaran, learned counsel appearing for the respondents 1 & 2 would vehemently oppose the proposal made by the petitioner. The learned counsel would submit that 10 installments is too longer a period and it should be restricted. 6.Considering the factual circumstances, the petitioner is directed to make the determined payment in 7 equated monthly installments. In case of default, the respondent is entitled to initiate action in accordance with law. Since the petitioner has undertaken to pay the outstanding determined amount of the Employees Provident Fund Dues in installments, the order freezing the bank account of the petitioner shall be kept in abeyance. 2/3
7.Accordingly, this writ petition is disposed of. No costs. Sd/- Assistant Registrar (CS III) // True Copy // / /2020 Sub Assistant Registrar(CS) VS To 1.The Assistant Provident Fund Commissioner Employees Provident Fund Organization, Ministry of Labour, Government of India Regional Office, Lady Doak College Road, Chokkikulam, Madurai-02.
2.The Recovery Officer Employees Provident Fund Organization, Ministry of Labour, Government of India Regional Office, Lady Doak College Road, Chokkikulam, Madurai-02.
3.The Branch Manager, Sivagangai District Central Cooperative Bank, Thiruppuvanam, Sivagangai District.
+1 CC to M/s.D.SHANMUGARAJA SETHUPATHI, Advocate ( SR-103186[F] dated 03/12/2019 ) +1 CC to M/s.P. MAHENDRAN, Advocate ( SR-102693[F] dated 29/11/2019 ) 29.11.2019 KK/SAR/07.01.2020/3P-6C/ 3/3