Sushma Group of Technical and Man Power Agency v. Regional Provident Fund Commissioner -II, And Recovery Officer, Employees Provident Fund Organization, Regional Office, H. No. 3-4-763. Barkatpura Chaman
2024-02-16
SUREPALLI NANDA
body2024
DigiLaw.ai
ORDER : Heard learned counsel appearing for the petitioner and also heard Mr.B.Jithender Reddy, learned Standing Counsel for EPFO, appearing on behalf of Respondent No.1. 2. The petitioner approached the Court seeking the prayer as under: “to issue any order or direction more particularly one in the nature of Writ of Mandamus or any other appropriate writ order declaring the POHIBITORY ORDER (Under section 8F of the Employees Provident Fund and Miscellaneous provisions Act, 1952) of the 1st respondent Dt.06.10.2023 addressed to the Respondent No.4 whereby the Respondent No.4/Bank is ordered to remit/pay immediately on receipt of the impugned order an amount of Rs.75,54,519/- (Rupees seventy five lakhs fifty four thousands five hundred nineteen only) or such sum standing to the credit of the Petitioner Mr.Kati Venkanna Proprietor of M/s.SUSHMA GROUP OF TECHNICAL & MANPOWER AGENCY, having the PF Code No.AP/HYD/1006250 in any/all of the bank accounts being maintained by the Respondent No.4/Bank linked to petitioners PAN No.ACDFS7632P also freezing the Bank Accounts of the Petitioner A/C Nos. 32735919169 of SBI, V.T Road Branch, Suryapet, Telangana and Ac.No.62452580052 of SBI, Shivajinagar Branch, Nalgonda, without furnishing the account wise/month wise break up statement pertaining to the outstanding dues of three Recovery Certificates for the period from (i) 7/2016 to 8/2022 amounting to Rs.72,87,064/- (ii)) for the period from 7/2014 to 2/2017 amounting to Rs.1,68,913/- and (iii) for the period from 7/2016 to 1/2018 amounting to Rs.96,862/-with TRRN Number for verification of the Petitioner, though the Petitioner specifically requested the Respondent No.1 vide his letter dt.31.10.2023 as illegal, arbitrary, unjust, excessive, amounts to violation of principles of natural justice, and hence without jurisdiction, contrary to the provisions of the Employee's Provident fund and Miscellaneous Provisions Act, 1952 (herein after referred to as 'the Act') and consequently set aside the same and de-freeze the bank accounts of the petitioner allowing the petitioner to pay the salaries of the 276 employees and pass such other order or orders as this Hon'ble court deems fit and proper in the circumstances of the case.” 3. Mr.B.Jithender Reddy, learned Standing Counsel for EPFO, appearing on behalf of respondent No.1 submits that, the petitioner instead of filing appeal before the appellate authority under statute had rushed to the Court by filing the present Writ petition aggrieved against the consequential proceedings dated 06.10.2023 issued under Section 8F of the EPF and MP Act, 1952. 4.
Mr.B.Jithender Reddy, learned Standing Counsel for EPFO, appearing on behalf of respondent No.1 submits that, the petitioner instead of filing appeal before the appellate authority under statute had rushed to the Court by filing the present Writ petition aggrieved against the consequential proceedings dated 06.10.2023 issued under Section 8F of the EPF and MP Act, 1952. 4. It is also submitted by the learned Counsel appearing on behalf of respondent No.1 that, the details of the original orders passed under Section 7A of EPF Act and the recovery certificates issued against the petitioner are not mentioned in the affidavit filed by the petitioner in support of the present writ petition, but however, prohibitory order is issued under Section 8F of the EPF and MP Act, 1952, dated 06.10.2022 and the same is being challenged by the petitioner by filing the present writ petition. Therefore, the petitioner is not entitled for the relief as sought for in the present Writ petition filed by the petitioner. 5. Learned counsel appearing on behalf of petitioner submits that the petitioner undertakes to take immediate steps by way of filing an appeal before the Appellate Authority against the initial order as well as prohibitory order issued under Section 8F of the EPF and MP Act, 1952, dated 06.10.2023. The learned counsel appearing on behalf of the petitioner submits that the petitioner vide his representation dated 31.10.2023 requested the respondent No.1 to furnish the detailed statement with TRRN Number for verifying the late payment charges and payment dues during the period 07/2016 to 08/2022 for verifying and paying the above said amount at an early date. Learned counsel for the petitioner further submits that the respondent No.4 and 5 may be directed to defreeze the bank accounts Nos.32735919169 of the SBI, V.T. Road Branch, Suryapet and Ac.No.62452580052 of SBI, Shivajinagar Branch, Nalgonda, of the petitioner agency linked with the Pan Account No.ACDFS7632P in their respective banks enabling the petitioner to pay the salaries of the 276 employees working in various categories and departments. And though the said representation dated 31.10.2023 had been acknowledged by the 1st respondent, yet as on date same has not been considered. 6.
And though the said representation dated 31.10.2023 had been acknowledged by the 1st respondent, yet as on date same has not been considered. 6. A bare perusal of the contents of the representation dated 31.10.2023 of the petitioner, however does not indicate any reference to the request of the petitioner for defreezing the bank accounts Nos.32735919169 of the State Bank of India, V.T.Road Branch, Suryapet and Ac.No.62452580052 of State Bank of India, Shivajinagar Branch, Nalgonda of the petitioner agency linked with the PAN Account No.ACDFS7632P in their respective banks enabling the petitioner to pay the salaries of the 276 employees working in various categories and departments as averred at para 25 of the affidavit filed by the petitioner in support of the present writ petition. 7. Taking into consideration the interim prayer as sought for by the petitioner in the present writ petition, the writ petition is disposed off directing the petitioner to submit a representation to the respondents 4 and 5 to that effect, to defreeze the bank accounts Nos. 32735919169 of the State Bank of India, V.T.Road Branch, Suryapet and Ac.No.62452580052 of State Bank of India, Shivajinagar Branch, Nalgonda of the petitioner agency linked with the PAN Account No.ACDFS7632P in their respective banks to enable the petitioner to pay the salaries of the 276 employees working in various categories and departments within one week from the date of receipt of the copy of the order and the respondent No.4 on receipt of the same shall consider the same on humanitarian grounds and pass appropriate orders within a period of one week upon the receipt of the said representation of the petitioner, in accordance to law, and duly communicate the decision to the petitioner. 8. With the above observations, this Writ Petition is disposed of. However, there shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.