Disposed

M/s. Bharath College of Science and Management v. The Regional Provident Fund Commissioner

Madras HC2 Jun 2025WP(MD)/13759/2025

Case brief

AI extract

What is this about?

College challenged an EPF authority's Section 7Q interest demand of Rs.25.73 lakh for wage months 09/2018 to 06/2023, citing paucity of funds. The Court disposed of the writ petition permitting payment in 12 equal monthly installments from June 2025, with liberty to authorities to proceed per law on default.

What did the court decide?

Demand payable in 12 equal monthly installments from June 2025; on default, authorities may proceed as per law.

M/s. Bharath College of Science and… — Pension and Retirement Benefits | Madras HC (2025)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 02.06.2025

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CORAM

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THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

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W.P.(MD)No.13759 of 2025 and

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W.M.P(MD)Nos.9932 & 9933 of 2025

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M/s.Bharath Collage of Science and Management, Through is Correspondent,

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... Petitioner

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The Regional Provident Fund Commissioner, Employee's Provident Fund Organization, Regional Office, P.B.No.588, Sree Complex 'D' Block, No.18, Madurai Road, Tiruchirappalli – 620 008. ...Respondent

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PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records from the file of the respondent herein proceedings bearing No.PDC/CB/TRY/43728/7Q/531/ 2024-25, dated 11.12.2024 claiming Interest under Section 7Q of the EPF Act for the period from 04/2022 to 03/2024 (various wage months from 09/2018 to 06/2023) to the tune of Rs.25,72,991/- and quash the same and direct the petitioner to pay the ordered 7Q interest amount in 36 (Thirty Six) Equal monthly installments.

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For Petitioner : M/s.C.Karthikeyan For Respondent : Mr.N.Dilipkumar Standing Counsel * * * * *

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https://www.mhc.tn.gov.in/judis

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ORDER

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The present writ petition has been filed challenging the demand notice issued under Section 7Q of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952.

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2.According to the learned Counsel appearing for the writ petitioner, due to paucity of funds and coming down of the students strength, they are not in a position to pay the amount in a single installment. Hence, the prayer is for payment of the demand amount in 36 installments. Seeking the said relief, a representation has also been sent by the petitioner's Management to the authority on 30.12.2024 and the same has also been acknowledged by the respondent organisation.

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3.The learned Standing Counsel appearing for the respondent organisation has submitted that there is no discretion vested with the authorities concerned for reducing 7Q amount and therefore, the petitioner has to pay the amount in a single installment.

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https://www.mhc.tn.gov.in/judis

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4.Considering the fact that the total amount demanded is Rs.25,72,991/-

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and the grievance expressed by the petitioner's Management, this Court is inclined to pass the following orders:-

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a)the amount demanded in the impugned order shall be paid in 12 equal monthly installments starting from June 2025 onwards; and

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b)in case of any default, the authorities are at liberty to proceed in the manner known to law.

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5.With the above said observations, this Writ Petition stands disposed of.

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No costs. Consequently, connected miscellaneous petitions are also closed.

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02.06.2025

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NCC : Yes/No Index : Yes/No Internet: Yes/No RJR

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The Regional Provident Fund Commissioner, Employee's Provident Fund Organization, Regional Office, P.B.No.588, Sree Complex 'D' Block, No.18, Madurai Road, Tiruchirappalli – 620 008.

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https://www.mhc.tn.gov.in/judis

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R.VIJAYAKUMAR, J.

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RJR

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W.P.(MD)No.13759 of 2025

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02.06.2025

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4/4

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https://www.mhc.tn.gov.in/judis

M/s. Bharath College of Science and Management v. The Regional Provident Fund Commissioner

Case brief

What is this about?

What did the court decide?

M/s. Bharath College of Science and Management v. The Regional Provident Fund Commissioner

Case brief

What is this about?

What did the court decide?

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