M/S. Balaji Agency v. Regional Provident Fund Commissioner - Ii

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P.(MD)No.26064 of 2024 M/s.Balaji Agency, Rep. by its Managing Partner, R.Muthusamy, 7/13, 3rd Cross Street, V.N.Nagar, Trichy - 620 002.

... Petitioner Vs.

Regional Provident Fund Commissioner - II, Employees Provident Fund Organization, Regional Office, P.B.No.588, Sree Complex, 'D' Block, No.18, Madurai Road, Trichy - 620 008.

... Respondent PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari calling for records in Ref.No.CB/TRY/43778/7Q/515/2024

dated 17.10.2024 directing to remit the Interest u/s 7Q a sum of Rs.17,48,526/- passed by the Respondent and quash the same.

For Petitioner :

Mr.K.MU.Muthu For Respondent :

Mr.N.Dilipkumar

O R D E R

This writ petition has been filed by the petitioner - Establishment challenging the notice dated 17.10.2024, issued by the respondent - Employees' Provident Fund Organisation, under Section 7Q of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, directing them to remit interest to the tune of Rs.17,48,526/- for the belated payment of the employees' provident fund dues within fifteen days from the date of receipt of the said notice.

2. Today, when the matter is taken up for consideration, learned counsel for the petitioner submitted that the petitioner - Establishment is ready

and willing to pay the entire amounts due, which is the subject matter of the present writ petition, however in twenty (20) equal monthly installments.

3. Learned Standing Counsel appearing for the respondent - EPF Organisation strongly opposed granting of twenty (20) installments considering the fact that the said amounts pertain to the period from April, 2020 to March, 2022.

4. Considering the overall facts and circumstances of the case and also the fact that the petitioner - Establishment has expressed willingness to pay the entire amounts due to the tune of Rs.17,48,526/-, this Court deems it appropriate to permit the petitioner - Establishment to clear the entire interest amount due under the impugned notice dated 17.10.2024, within twelve (12) equal monthly installments commencing from 01.04.2025.

5. Accordingly, the petitioner - Establishment is permitted to pay the interest amount due under the impugned notice dated 17.10.2024, issued by the

respondent - EPF Organization, in twelve (12) equal monthly installments commencing from 01.04.2025. In case, if the petitioner - Establishment commits default in any two consecutive monthly installments, the respondent - EPF Organisation is at liberty to take further action in accordance with law.

6. Accordingly, this writ petition is disposed of. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs. 13.03.2025 Index :

Yes / No vsm

To Regional Provident Fund Commissioner - II, Employees Provident Fund Organization, Regional Office, P.B.No.588, Sree Complex, 'D' Block, No.18, Madurai Road, Trichy - 620 008.

MUMMINENI SUDHEER KUMAR, J.

vsm 13.03.2025