High CourtsSingle Bench(2018) 11 UK CK 0239

M/s Krishna Stone Industries Pvt. Ltd vs Employee’s Provident Fund Organization & Others

Uttarakhand High Court · Decided on 28 November 2018

HON’BLE JUDGES
Sudhanshu Dhulia, J
RESULT
Disposed Off
CASE NUMBER
Writ Petition (M/S) No. 3324 Of 2018

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Judgment

7 paragraphs · 236 words

Sudhanshu Dhulia, J.

1.

The petitioner has challenged the order dated 02.07.2018 passed by the Assistant/Regional Provident Fund Commissioner under Section 14B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, whereby a penalty of Rs.8,42,008/- (Rupees Eight Lakh Forty Two Thousand Eight Only) has been imposed on the petitioner.

2.

The petitioner has filed the present writ petition with following prayers:-

(i) To issue a writ, order or direction in the nature of mandamus thereby directing the respondent no.1 and 2 to grant facility of easy installments is granted to the petitioner, the petitioner undertakes to pay the entire amount within such period of one year or such period which this Hon'ble Court deems fit and proper in the facts and circumstances of the case.

(ii) To issue a writ, order or direction in the nature of mandamus directing the respondent no.3 to forthwith de-freeze the petitioner's account (being Account NO.0000003164267985) with the Bhotia Parao, Haldwani Branch of State Bank of India."

3.

Learned counsel for the petitioner as well as learned counsel for the respondent submits that there is a circular under which such installments can be fixed.

4.

With the consent of both the parties, the writ petition stands disposed with a direction to the petitioner to deposit the penalty in three equal installments and he shall deposit the first installment by 03.12.2018, second installment by 03.01.2019 and third installment by 3.02.2019.