M/s. Balaji Agency Vs Regional Provident Fund… — Writ and Judicial Review

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

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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

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

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W.P.(MD)No.31046 of 2024

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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.

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For Petitioner : Mr.K.MU.Muthu For Respondent : Mr.N.Dilipkumar

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O R D E R

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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.

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

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W.P.(MD)No.31046 of 2024

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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.

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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.

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4. Considering the overall facts and circumstances of the case and

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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.

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

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W.P.(MD)No.31046 of 2024

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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.

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Accordingly, this writ petition is disposed of. Consequently,

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connected miscellaneous petition is closed. There shall be no order as to costs.

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13.03.2025 Neutral Citation: Yes / No Index : Yes / No vsm

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W.P.(MD)No.31046 of 2024

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To

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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.

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W.P.(MD)No.31046 of 2024

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MUMMINENI SUDHEER KUMAR, J.

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vsm

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W.P.(MD)No.31046 of 2024