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Calcutta High CourtWPA/314/2019disposed

Singhia Jhora Tea Company Private Limited v. Union Of India And ORS.

2019-11-11Hon'Ble Justice Rajasekhar Mantha2 pages

S/L. 5.

11.11.2019 pk Calcutta High Court In The Circuit Bench At Jalpaiguri Appellate Jurisdiction WPA 314 of 2019 Singhia Jhora Tea Company Private Limited -Vs.- Union of India & Others Mr. S. Panda, Mr. Sourav Kar ... for the petitioner.

Mr. Bhaskar Roy Mahashya ...for the respondent nos. 3 to 6.

The writ petitioner is admittedly a defaulter in payment of provident fund dues from 2015. Proceedings under Section 7A were initiated by Provident Fund Authorities under the E. P. F. and M. P. Act, 1952.

A sum of Rs.1,20,53,326/- has been found due and payable by the writ petitioner.

The petitioner has paid about 56,00,000/- and odd. The petitioner was allowed 72 instalments by the P. F.

Authorities which this Court finds a rather lenient view taken by the P. F.

Authorities.

The petitioner has not been able to pay balance sum of Rs.63,00,000/- and odd.

In those circumstances, the writ petition is disposed of directing the writ petitioner to pay sum of Rs.40,00,000/- on or before 18.11.2019.

In the event of such payment being made, the balance amount of Rs.23,00,000/- and odd shall be paid in the following manner:

"Rs.10,00,000/- be paid on or before 18.12.2019 and the balance sum of Rs.

13,00,000/- and odd be paid on or before 18.01.2019".

It is made absolutely clear that in default of payment of any of the three aforesaid amounts within the time stipulated herein above, Provident Fund Authorities particularly the Provident Fund Commissioner shall take immediate coercive steps under the EPF and MP Act, 1952 as expeditiously as possible.

With the aforesaid directions, the writ petition is disposed of.

Photostat certified copy of this order, if applied for, be supplied to the parties on urgent basis.

(Rajasekhar Mantha, J.)