JOHN ZACHARIAH Vs. ASSISTANT PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondent.

(2.) The petitioner challenges Ext.P4 order dated 07.03.2019 on various legal and factual grounds. The learned counsel for the petitioner does not press the grounds raised against Ext.P4 in the writ affidavit and basing on instructions received from the petitioner seeks indulgence of this Court to grant reasonable time to pay or deposit the amount covered by the prohibitory order impugned in the writ petition. The learned Standing Counsel opposes the Writ Petition and also contends that the prohibitory order, if is stayed or suspended the amount available in the respective accounts of the petitioner could be withdrawn by the petitioner and thereafter the respondent would have great difficulty in recovering the Provident Fund dues from the petitioner. The Standing Counsel persuades this Court to distinguish the orders of this Court in Exts.P2 and P3 and submits that the facts in the case on hand are different and in the case on hand there is deliberate non-payment of Provident Fund by the petitioner. I have perused the record and prima facie of the view that the petitioner since is not pressing other grounds raised against Ext.P4 order. Hence the following order.

(3.) The petitioner at the first instance deposits Rs.5 Lakh on or before 10.04.2019 and the balance amount covered by Ext.P6 on or before 30.04.2019. The time for payment is extended as indicated above.