RAJAS INTERNATIONAL SCHOOL Vs. REGIONAL PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) The petitioner an international school is covered under the Employees' Provident Funds and Miscellaneous Provisions Act [the EPF Act]. They are having a PF Code No. MD/NKL/7538 and it was effected from 5/5/2008. According to the petitioner, all the EPF contribution dues to the EPF authority were duly remitted by the petitioner. However, the respondent EPF authority passed an order under Sec. 8F of the EPF Act, dtd. 16/3/2022 to recover a sum of Rs.10,01,580.00 from the bank account of the petitioner lying with 2nd respondent for the EPF dues of the 3rd respondent Rajas Matriculation School.

(2.) The case of the petitioner is that the 3rd respondent / Rajas Matriculation School is a different entity and the petitioner is in no way connected with the 3rd respondent. However, for the EPF liability of the

(3.) rd respondent, 1st respondent has erroneously passed an order under Sec. 8F of the EPF Act directing the petitioner's bank to recover the amount and a sum of Rs.10,01,580.00 has been recovered towards the liability of the 3rd respondent. Therefore the petitioner has filed this writ petition seeking a writ of mandamus directing the 1st and 2nd respondents to refund a sum of Rs.10,01,580.00 which was erroneously recovered from the petitioner's bank account for the EPF liability of the 3rd respondent. 3.The learned counsel for the petitioner submits that the petitioner and the 3rd respondent are different entities and they are having separate PF codes. The 3rd respondent is a separate management and is having separate PF code No.MD/NKL/79262. For the liability of the 3rd respondent, the petitioner cannot be fastened with recovery order. Therefore, this amount which was wrongly recovered from the petitioner's bank account for the liability of the 3rd respondent, necessarily has to be refunded by the respondent Nos.1 and 2.