Authentic Tea Private Limited v. Regional Provident Fund Commissioner And ORS

Court No.2

IN THE HIGH COURT AT CALCUTTA

Circuit Bench At Jalpaiguri Constitutional Writ Jurisdiction Appellate Side W.P.A. 2678 of 2024 Authentic Tea Private Limited VS Regional Provident Fund Commissioner, Jalpaiguri, West Bengal & Ors.

Mr. Bikramaditya Ghosh Ms. Supriya Singh Mr. Swarup Das ...For the Petitioner.

Mr. Bhaskar Roy Mahasaya Mr. Ambalika Ghosh ... For the State.

Supplementary affidavit filed on behalf of the 10.01.2025 Item No.2 kausik petitioner be kept with the record.

Petitioner has prayed for directions upon the Provident Fund Authorities for granting 72 equal installments in terms of the notification dated 11.02.2014 for depositing the entire amount of Rs. 96,44,625/- which includes demand of Rs.

55,72,876/- under Section 14B of the Act and Rs. 40,71,749/- under Section 7Q of the Act.

Learned advocate appearing for the Provident Fund authorities submits that the scheme is still existing and the contentions advanced in the supplementary affidavit for depositing the amount by way of installments are in consonance with the scheme.

In view of the petitioner having restricted its prayer for depositing the amount in 72 equal installments as per the existing scheme, I direct that the Provident Fund Authorities would allow the petitioner to deposit the amount of Rs. 96,44,625/- in the mode and manner as provided under the scheme. The petitioner is directed to start paying the first installment within a week from date i.e. by 17.01.2025.

The Provident Fund Authorities would ensure that there is no default subsequently in respect of payment of the equal installments.

If the scheme contains any default clause, the Provident Fund Authorities would invoke the same in accordance with the provisions of the scheme. Immediately after the first installment is paid, the Provident Fund Authorities would allow the petitioner to operate the accounts and defreeze the accounts in accordance with law.

Accordingly WPA 2678 of 2024 is disposed of.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)