Suburban Industrial Works Private Limited And ANR. v. Assistant Privdent Fund Commissioner And ANR.

12.12.2023 Item No.5 Court No.550 Saswata W.P.A. 15085 of 2023 CAN 1 of 2023 Suburban Industrial Works Private Limited & Anr.

Versus

Assistant Provident Fund Commissioner & Ors.

Mr. S.Sharma Mr. R.Dutt Mr. A.Kasturka ...For the petitioners Mr. Rajib Ray ...For the PF Authorities CAN 1 of 2023

1. Mr. Dutt, learned advocate appearing for the petitioner submits that although the petitioners had, in terms of the order dated 11th October 2023, made payment of the first installment within the time specified therein, but due to financial crisis the second installment could not be paid within 30th November 2023. He, however, submits that the petitioners have all good intent to comply with the order dated 11th October 2023. The demand draft for the second installment is now readily available with him. He prays for extension of time to make payment of the second installment.

2. Heard the learned advocates appearing for the respective parties and considered the materials on record.

3. Taking note of the fact that the first installment had already been paid within the time specified, time to make payment of the second installment is extended till 18th December 2023. It is, however, made clear that if the aforesaid installment is not paid within 18th December 2023, the respondents shall be at liberty to enforce both the orders dated 18th May 2023 and in

such event, the order dated 18th May 2023 issued under Section 14B of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 shall stand revived.

4. To the aforesaid extent the order dated 11th October 20203 stands modified.

5. With the aforesaid direction and observation, the application being CAN 1 of 2023 is disposed of.

6. All parties shall act on the basis of the server copy of this order duly downloaded from this Court's official website.

(Raja Basu Chowdhury, J.)