P.S. MISHRA S/O SRI. RAMABHADRA MISHARA Vs. ASSISTANT PROVIDENT FUND COMMISSIONER AND THE RECOVERY OFFICER, EPFO

JUDGEMENT

(1.) The petitioner has filed the above writ petition seeking for relief to quash the order/proceedings dated 30.05.2016 and warrant of detention in Civil Prison in No. P/PNY/ Vasuii/Recovery/29180/2016-17/266 passed by the respondent vide Annexure-G & H and drop the proceedings against the petitioner in No.P/PNY/Vasuii/ Recovery/29180/2016-17/266 and such other reliefs.

(2.) The facts of the case are that he is the director of M/s. Axis Fortification Private Ltd., providing Security Service in Bengaluru. They have terminated several employees on account of company suffering loss. The respondent initiated proceedings for non payment of contribution to the Employees Provident Fund. Being not able to sustain the loss, it was decided to close the company business. The petitioner has also submitted letter dated 27.10.2014 to the concerned departments as to closure of business and surrendered the registration certificate. The petitioner is paying the dues by instalments. After receipt of notice as to why warrant of arrest shall not be issued, the petitioner replied by letter dated 17.3.2016 that several companies due to petitioner's company amount to the tune of Rs. 9,89,517 which the respondent to recover the amount from those companies and to release the petitioner.

(3.) I have heard the learned counsel for the petitioner and the learned counsel for the respondent.