- (1.) In this writ petition, the Petitioners pray for setting aside the Letter dated 4th November, 2010 issued under Memo No. WB/HWR/R/Recovery/WB/2679/Cert. Case/832 by the Recovery Officer, Employees' Provident Fund Organisation, Howrah addressed to the Director of the Petitioner No. 1 informing him that he had not deposited Rs. 15,00,000/- in terms of the Order of this Court and therefore, he was advised to deposit the same within seven days failing which, coercive action relating to the recovery proceedings were threatened. The Petitioners further pray that the said Order be not given effect to. Other consequential prayers have been made in the writ petition itself.
(2.) The short facts are that the Petitioners faced 7A proceedings under the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 in regard to the dues towards provident fund contribution for the period from December, 2003 to September, 2005. The dues were assessed at Rs. 32,43,896/- by an Order dated 12.1.2006.
(3.) Being aggrieved, the Petitioners filed W.P. No. 4815(W) of 2006 challenging the determination made under Section 7A of the said Act and the said writ petition was disposed of by a judgment dated 7.3.2006 directing inter alia as follows: (1) The Petitioners will pay a sum of Rs. 10,00,000/- (Ten lakhs) to the Provident Fund authority within a period of two weeks from date; (2) The balance dues will be paid by the Petitioners in six equal monthly installments. First of such installments for the month of '06 will be paid by the Petitioners by 15th of April, 2006 and the subsequent installments will be paid by the 15th of the next following month; The impugned Order of attachment of the Bank Account of the Petitioners with the State Bank of India, Commercial Branch, Howrah appearing at page 20 of this writ petition will remain in force for a period of three weeks from date. In the event, the Petitioners deposit Rupees Ten Lakhs within the period as mentioned above, the Order of attachment will stand automatically lifted. The Provident Fund authority is thus restrained from taking any coercive steps for realizing the balance dues from the Petitioners provided the Petitioners deposit the monthly installments regularly in the manner as above. In the event of default of any of the installments as aforematically stand lifted and the Provident Fund Authority will be absolutely free to take any action for realization of its dues in accordance with law. The Petitioners are also restrained from transferring their fixed assets until payment of the entire dues by the Petitioners is made.;