THRUPATHI ENTERPRISES Vs. ASSISTANT PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) An order has been passed by the Assistant Provident Fund Commissioner on 31.5.2012 initiating proceedings under section 7A of Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (for brevity 'EPFMP Act') against the petitioner asking him to deposit an amount of Rs. 29,20,329 towards provident fund contributions for the period from March 2006 to Feb. 2012, within 15 days from the date of receipt of order. Being aggrieved by the same petitioner has field this writ petition praying to quash the order dated 31.5.2012.

(2.) It is submitted by the learned counsel for the petitioner that, petitioner had given reasons for non- payment of contribution and prepared a statement and submitted the same to the Enforcement Officer attached to the respondent. On the basis of the said assessment made by the Enforcement Officer, the respondent passed an ex-parte order and issued a show cause notice dated 8.2.2016 asking him as to why action should not be taken under section 7A or EPFMP Act and further stating that the petitioner has committed default in payment of provident fund contributions for the period from March 2006 for Feb. 2012 and directing him to pay Rs. 33,61 998 being arrears of provident fund contributions, as calculated by the Enforcing Officer, payable for the period from March 2006 to Feb. 2012.

(3.) In pursuance to the notice, the petitioner has given a representation dated 1.3.2016 requesting to give reasonable time to pay the contributions in six installments and also showed his readiness and willingness to pay and further requested the respondent not to take any action.