WP/27949/2005 of M/s.Vikas Degree College, Station Road, Khammam Vs The Assistant Provident Fund Commissioner, on 30 December 2005

ORDER:

Heard the learned counsel for the petitioner and the learned SandingCounsel on behalf of the respondents.

The petitioner is the Secretary and Correspondent of the DegreeCollege. It is stated that the petitioner is paying contributions to theemployees under Section 7-A of the Employees Provident Fund andMiscellaneous provisions Act, 1952 (for short ‘the Act’). But there wasdelay in payment of the said contributions. Therefore, the firstrespondent issued the impugned proceedings dated 30.5.2005under Sections 7-Q and 14-B of the Act levying interest and damagesand the actual amount is to the tune of Rs.3,81,105/-. It is stated thatout of the said amount, the petitioner has paid an amount ofRs.83,569/- under various challans. It is stated that the college of thepetitioner is running in loss and therefore he seeks permission for paying the remaining amount in equal instalments.

I am not expressing any confirmation in respect of the saidamount paid by the petitioner is Rs.83,569/- or less. However, it is forthe first respondent to verify the payment of the said amount. Thepetitioner submits that he has no intention to challenge the impugnedorder in an appeal, but only requests permission for payment of thebalance amount in easy instalments in the interests of the institutionand staff.

Having regard to the facts and circumstances of the case, thepetitioner is permitted to pay the balance amount pursuant to theimpugned proceedings in 12 equal monthly instalments commencingfrom 10.1.2006. On payment of the first instalment by the petitioner,the first respondent is directed to revoke the prohibitory order dated29.6.2005.

The writ petition is disposed of accordingly. No costs.

__________________

(V.ESWARAIAH, J.)

30.12.2005

kpr