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Madras High CourtWP(MD)/27025/2023allowed

King Beedi Company v. The Assistant Pf Commissioner

2023-11-09Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2023

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)Nos.23193, 23194, 23199, 23200, 23202, 23207, 23208, 23209 & 23211 of 2023 King Beedi Company, Represented by its Joint Managing Partner, Abdul Nissar.

... Petitioner (In All Cases) Vs.

1.The Assistant P.F. Commissioner, Regional Office, NGO B Colony, Tirunelveli.

2.The Enforcement Officer, Regional Provident Fund Office, Tirunelveli.

... Respondents (In All Cases) Prayer in W.P(MD)No.27025 of 2023 : Writ Petition filed under Article 226 No.CB/TNY/46637/14B/PDC1(3)/2023, dated 24.07.2023 made under Section 14B and the consequential order in No.CB/TNY/46637/7Q/PDC1(3)/2023, 1/5

dated 24.07.2023 made under Section 7Q of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 and quash the same. Prayer in W.P(MD)No.27026 of 2023 : Writ Petition filed under Article 226 No.CB/TNY/75557/14B/PDC01(02)/2023, dated 12.09.2023 made under Section 14B and the consequential order in No.CB/TNY/75557/7Q/331/2023/PDC1(2)/2023, dated 12.09.2023 made under Section 7Q of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 and quash the same.

Prayer in W.P(MD)No.27027 of 2023 : Writ Petition filed under Article 226 No.CB/TNY/CD-1/C-12/46637/2023, dated 27.06.2023 and quash the same. Prayer in W.P(MD)No.27029 of 2023 : Writ Petition filed under Article 226 No.CB/TNY/46627/14B/PDC1(3)/2023, dated 17.08.2023 made under Section 14B and the consequential order in No.CB/TNY/46627/7Q/PDC1(3)/2023, dated 14.08.2023 made under Section 7Q of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 and quash the same. 2/5

Prayer in W.P(MD)No.27030 of 2023 : Writ Petition filed under Article 226 No.CB/TNY/46641/14B/PDC01(01)/2023, dated 11.08.2023 made under Section 14B and the consequential order in No.CB/TNY/46641/7Q/424/ PDC1(1)/2023, dated 11.08.2023 made under Section 7Q of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 and quash the same. (In All Cases) For Petitioner : Mr.P.Samuel Gunasingh For Respondents : Mr.M.Mahaboob Athiff COMMON ORDER These writ petitions have been filed challenging the order passed by the respondent authorities under Section 14B and 7Q of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952.

2. On instructions, the learned Counsel appearing for the petitioner submits that he is not challenging the quantum but he only seeks time to pay the said amount in installments.

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3. Considering the said submissions, the writ petitioner Company is directed to pay the amount demanded in each one of the impugned orders in five equal monthly installments to be payable on 10th day of every month in English calendar and the first installment shall start from 10.12.2023. If there is default of any one of the installments, the respondent authorities are entitled to proceed further in accordance with law.

4. With the above said observations, these writ petitions stand disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions stand closed.

09.11.2023 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Assistant P.F. Commissioner, Regional Office, NGO B Colony, Tirunelveli.

2.The Enforcement Officer, Regional Provident Fund Office, Tirunelveli.

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R.VIJAYAKUMAR, J.

BTR 09.11.2023 5/5