REGIONAL PROVIDENT FUND COMMISSIONER-I Vs. DEVKI DESIGNS

JUDGEMENT

(1.) The petitioner is the Employees Provident Fund Organisation. The petition is filed seeking a writ of mandamus directing respondent No.2-bank ('bank') to pay Rs.60,75,347.00 to the petitioner, towards the provident fund dues of respondent No.1-a partnership firm('the firm').

(2.) The petitioner contends that the contribution towards the 'provident funds' under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 ('the Act, 1952') was due from the firm and the same was quantified vide order dtd. 9/1/2014 directing payment of dues for the period September, 2013 to February, 2014. Another order dtd. 10/7/2017 was also passed in respect of the dues from March, 2014 to March, 2015. The firm was closed in March, 2015.

(3.) The firm did not pay the dues as ordered. The petitioner initiated recovery proceedings. On 27/2/2018, property of one of the partners of firm was attached. On knowing that the property attached was auctioned by the bank to recover the loan amount due to the bank, the petitioner issued the letter dtd. 5/6/2018 claiming first charge over the property auctioned.