1. An application is filed by the petitioner today in support of the supplementary affidavit already filed on 10.12.2019 and the same is taken on record.
2. The application is moved with the prayer to relax the condition imposed in the order dated 24.10.2019 requiring the petitioner to maintain minimum balance of Rs.10,00,000/- in its bank account regularly. By order dated 24.10.2019, the Court permitted petitioner to deposit an amount of Rs.4,00,000/- within two days, which the petitioner had deposited. Petitioner was also directed to maintain balance not less than of Rs.10,00,000/- in its account. By the said order, the Court had also permitted petitioner to make representation before the Additional Central Provident Fund Commissioner of the concerned Zone for fixing installmenst. The said representation was made, however, the same was rejected by the concerned authority on 02.12.2019.
3. Learned counsel for petitioner submits that the entire liability as on date under the impugned proceedings against the the petitioner is of Rs.23,61,187/- and further liability of Rs. 70,000-80,000 per month is also accruing on account of e.p.f. of the employees. Learned counsel for petitioner further submits that petitioner is ready and willing to pay an amount of Rs.5,00,000 within ten days from today and further to clear-off the remaining liability, petitioner shall deposit Rs.2,50,000 per month from January, 2020 itself with the respondent no.2. Further petitioner shall also continue to pay the monthly liability accruing on account of e.p.f. of the employees.
4. Sri Shailendra Srivastava, learned counsel for respondent department submits that the department is only interested in dues which should paid by the petitioner as expeditiously as possible.
5. I find no substantial reason for the authorities of e.p.f. to refuse the payment in installments of the dues. The purpose of the E.P.F. Act is not to close down the establishment but to ensure timely payment of the e.p.f. benefit of the employees. Insisting upon the entire payment to be made at once would only cause the establishment to be closed down which cannot be in the interest of employees.
6. In view thereof, prayer of petitioner for payment in installment is accepted. Petitioner is permitted to make a payment of Rs.5,00,000/- within a period of ten days from today and further from January, 2020, pay an amount of Rs.2,50,000 per month. Petitioner shall continue to make regular payment of the liability accruing every month. All the amounts shall be paid before respondent no.2.
7. In case compliance of aforesaid is made by petitioner, no further recovery against the petitioner shall be made. Further the, condition imposed upon the petitioner by order dated 24.10.2019 for maintaining minimum balance of Rs.10 Lakhs is waived. Petitioner is permitted to operate its bank account regularly.
8. In case of failure in compliance of any of the aforesaid, operation of the present order shall automatically stand vacated and it shall be open for the respondent authority to proceed against the petitioner in accordance with law.
9. With the aforesaid, present writ petition is disposed of.
Order Date :- 19.12.2019 Arti/-
(Vivek Chaudhary,J.)