HON’BLE SRI JUSTICE P.NAVEEN RAO
Between :-
WRIT PETITION No.25394 of 2014 09th September, 2014 M/s. Prataparudra Automotives, Nakkalagutta, Hanamkonda, Warangal District, rep. by its Partner, Gundu Prabhakar And … Petitioner The Assistant Provident Fund Commissioner, Sub-Regional Office, Warangal, Warangal District and another … Respondents HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.25394 of 2014 ORDER Heard learned counsel for the petitioner and learned Standing Counsel appearing for the respondents.
This writ petition is filed seeking a direction in the nature of writ of certiorari, calling for the records pertaining to the orders passed by the Assistant Provident Fund Commissioner, Sub-Regional Office, Warangal, Warangal District (1st respondent) in his order No.AP/WGL/31226/ENF-WGL/7 dated 17.02.2011 and quash the same, and consequently, to declare the proceedings No.AP/WGL/REC/31226/RC.36 of 2011/2012-13/258 dated 09.10.2012, initiated by the Recovery Officer, Employees Provident Fund Organization, Warangal (2nd respondent) for recovery of amount as determined in order dated 17.02.2011, as illegal.
It is the case of the petitioner that the petitioner was running a retail petroleum firm. The petitioner’s firm was enrolled under the provisions of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (‘the Act’, for brevity), with effect from 01.08.1998 and was assigned Provident Fund Code No.AP/WGL/31226/ENF- WGL/7-A. Alleging that no contributions were made for the period from September, 2008 to January, 2011, notice was issued, and as there was no response to the notice, orders were passed determining the amount under Section 7A of the Act as Rs.3,03,589/- for the above said period. The orders were issued on 17.02.2011.
I do not see any error in the decision taken by the respondents- authority against the petitioner under the provisions of the Act. It is the bounden duty of the employer to make remittance of PF contributions every month, and for non-payment of the remittances, they are liable for penal action, as mandated by the provisions of the Act. Therefore, there is no error in initiating the proceedings against the petitioner and in passing orders determining the amount of liability for the period mentioned therein.
At this stage, the counsel for petitioner submits that the petitioner’s firm is facing financial difficulties and it is willing to pay, if some reasonable time is granted to it. The learned Standing Counsel has fairly agreed for the submission of the counsel for petitioner.
Having regard to the above prayer of petitioner, the petitioner is directed to pay the total amount due as demanded by the respondents in three instalments within three months starting from 25.09.2014. The respondents shall not take coercive steps in the meanwhile. However, if the amount is not paid within the time granted to the petitioner, it is open to the respondent authorities to take appropriate action in accordance with the provisions of the Employees Provident Fund and Miscellaneous Provisions Act, 1952.
With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any pending in this writ petition, shall stand closed.
P. NAVEEN RAO, J 09th September, 2014
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HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.25394 of 2014 09th September, 2014
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