V.K.Shukla, J. - (1.) M/s National Winder through its Managing Director Ravindra Kumar Shah has approached this Court questioning the validity of the order dated 16.07.2004 passed by Regional Provident Fund Commissioner, respondent No. 2 and the order passed by Employee Provident Fund Appellate Tribunal, New Delhi dated 08.09.2005 dismissing the appeal preferred against the same being time barred. Further prayer has been made for not giving effect to the aforesaid two impugned orders and further for not taking coercive measure for recovering the aforesaid amount.
(2.) Brief facts as it emerges from the writ petition is that petitioner's company is registered under the Indian Companies Act in the name and style of M/s National Winder with its registered office at Pisachmochan Varansi. Petitioner's company is engaged in the business of manufacturing of Fan under the branded name of Cinni Fan. Petitioner's establishment has been registered under Employees Provident Fund and Miscellaneous Provisions Act 1952 (hereinafter called Act 1952) and in lieu of this registration No. 938 has been allotted. Petitioner has contended that on account of closure of Banaras State Bank Limited, Lahurabir, Varanasi, financial transactions of petitioner's establishment was disturbed and further said Banaras State Bank Limited has merged with the Bank of Baroda and petitioner's have been negotiating with the aforesaid Bank for smooth transaction of business. On 22.10.2002 show cause notice was served upon the petitioner for non payment of provident fund dues and non submission of provident fund return. Said notice was followed by another notice dated 18.12.2002 under Section 7A of the Act for the period June 2000 to September 2002. Petitioner has stated that during the course of proceedings under Section 7-A of the Act 1952 Act return of the provident fund were submitted and several amounts were deposited with the Employees Provident Fund Organization, Varanasi. Copies of Chalan dated 17.05.2003 to 03.10.2003 has been collectively filed as Annexure No. 3 to the writ petition. Thereafter it has been contended that Assistant Regional Provident Fund Commissioner, Varanasi ex-parte on 16.07.2004 determined quantum of provident fund contribution due for the period September 2001 to September 2003 amounting of Rs. 88,59,792/-. Petitioner has contended that besides communicating order dated 16.07.2004 another letter No. 115747 was sent by Recovery Cell demanding Rs. 3,10,028/-(Three lacs ten thousand twenty eight). Petitioner's has contended that pursuant to the said demand an application alongwith affidavit was filed giving details of deposits made. It has further been contended that thereafter vide letter dated 01.09.2004 Recovery Officer postponed the execution of arrest warrant and time was accorded for depositing the amount. Petitioner has also disclosed that petitioner's Unit is a sick unit and sick period has been extended till 16.12.2004. Petitioner has contended that on 17.09.2004 notice was served for payment of interest and damages and the same was followed by another notice dated 09.12.2004 and on 22.02.2005 entire property of petitioner's establishment was attached by respondent No. 3 claiming payment of Rs. 1,40,53,349/- (One Crore, forty lacs, fifty three thousand, three hundred forty nine) and factory has been locked and sealed. On 24.03.2005 recovery certificate has been issued mentioning aforesaid amount to be recovered as arrears of land revenue through District Magistrate, Chandauli. Said property was to be put for auction and said auction was postponed. Petitioner at the said juncture preferred Civil Misc. Writ Petition No. 51483 of 2005 before this Court with following relief: (i) to issue an order direction or writ in the nature of certiorari quashing the order dated 28.06.2005 (Annexure 6 to 8) and order dated 22.02.2004 (Annexure-2) to the writ petition. (ii) to issue an order direction or writ as under the circumstances this Hon'ble Court may deem fit and proper (iii) to award the cost of the writ petition.
(3.) On presentation of aforesaid writ petition, this Court on 22.07.2005 passed following order: Sri Dhananjay Awasthi Advocate has accepted notice on behalf of respondent No. 1 Standing Counsel represents respondent Nos. 2 and 3. Respondents pray for and are granted two weeks time to file counter affidavit. Rejoinder affidavit may be filed within one week thereafter. List on 2nd September 2005. All the consequential action in pursuance of the recovery certificate dated 28th June 2005 shall remain stayed provided (a) petitioner deposits a sum of Rs. 50 lacs on or before 26th July 2005 and further deposits a sum of Rs. 25 lacs on or before 31 August, 2005 (b) Petitioner shall thereafter deposit the remaining total outstanding amount including interest at per the recovery certificate, referred to above, in three equal installments of two months each, commencing from 1st November 2005. Counsel for the petitioner has made a statement that the conditions imposed herein above shall be carried out in letter and spirit. In case of default in compliance of any of the conditions mentioned herein above the respondents shall be at liberty to proceed against the petitioner in accordance with law afresh. It the petitioner No. 2 and 3 have already been arrested in pursuance of the said recovery they may be released forthwith. If admissible under law, the respondent authorities may take all effective steps for sale of the attached property. Certified copy of the order may be supplied to the counsel for the petitioner today on payment of usual charges.;