Tinsukia Municipal Board v. The Union of India and 4 Ors

ORDER

04.10.2024

¶1Heard Mr. A. Deka, learned counsel for the petitioner. Also heard Mr. D. Dey, learned counsel for the respondent nos.2,3 & 4. Mr. S.K. Medhi, learned counsel appears for the respondent no.1, while Mr. A. Hussain, learned counsel appears on behalf of Mr. B.K. Sen, learned counsel for the respondent no.5.

¶2The petitioner, which is the Tinsukia Municipal Board is aggrieved by the order dated 20.10.2023, whereby Rs.85,79,376/- has been directed to be paid against the damages and interest under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952.

¶3The petitioner's counsel submits that even though the appeal filed by the petitioner on 13.03.2024 has not been disposed of, the petitioner had deposited Page No.# 3/4 Rs.20,06,656/- with the respondent nos.2, 3 & 4 in compliance with the order dated 06.09.2024 passed by this Court. The petitioner's counsel submits that the petitioner is willing to pay the balance amount in 8 (eight) equal monthly installments starting from October, 2024.

¶4Mr. D. Dey, learned counsel for the respondent nos.2, 3 & 4 submits that he does not have any objection to the proposal made by the petitioner's counsel that the petitioner will pay the balance amount of Rs.65,72,720/- in eight monthly installments, starting from October, 2024. Mr. D. Dey, learned counsel also submits that the proposal of the petitioner's counsel is agreed to, provided that post-dated cheques are paid for all the 8 monthly installments by the petitioner.

¶5In view of the consent of the counsels for the parties, the petitioner is directed to pay the balance amount of Rs.65,72,720/- in eight equal monthly installments, i.e. Rs.8,21,590/- per month to the respondent nos.2, 3 & 4 w.e.f. October, 2024 till final payment. The payment of the monthly installments shall be made within the first 7 (seven) days of each month starting from November 2024. In respect of October, 2024, some lee-way is given to the petitioner, as 4

(four) days have already lapsed. Accordingly, for the month of October, 2024, the petitioner shall deposit the monthly installment on or before 10.10.2024. On communication of the receipt of the first monthly installment by the respondent nos.2, 3 & 4, the respondent no.5 shall defreeze the petitioner's Current Bank Account.

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¶6The impugned letters dated 09.04.2024 and 15.04.2024 issued by the Authorized Officer and Recovery Officer respectively shall be deemed to be set aside on payment of the final installment. Till then, the same shall be kept in abeyance.

¶7The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010183572024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4527/2024o TINSUKIAoMUNICIPALoBOARDo GNBoROAD,oP.O.,oP.S.oANDoDIST.-oTINSUKIA,oASSAM,oPIN-o786125.o REPRESENTEDoBYoITSoCHAIRMAN,oPABITRAoKUMARoGOGOI,o AGEoABOUTo58oYRS,o R/O-oSRIPURIA,oWARDoNO-2,o P.O-SRIPURIA,o P.SoANDoDIST-oTINSUKIA,oASSAM VERSUSo THEoUNIONoOFoINDIAoANDo4oORSo TOoBEoREPRESENTEDoBYoSECRETARYoTOoTHEoGOVT.oOFoINDIA,oMINISTRY OFoLABOURoANDoEMPLOYMENTo,NEWoDELHI-01. 2:THEoEMPLOYEESoPROVIDENToFUNDoORGANISATION oREP.oBYoREGIONALoPROVIDENToFUNDoCOMMISSIONER o NEoREGION o GSoROAD oBHANGAGARH oGUWAHATI-05 oDIST-oKAMRUPo(M) 3:THEoREGIONALoPROVIDENToFUNDoCOMMISSIONERoII oEMPLOYEESoPROVIDENToFUNDoORGANISATION oTINSUKIA oASSAM oPIN-786125 4:THEoCHAIRMAN Page No.# 2/4 THE CENTRAL BOARD OF TRUSTEE BHAVISYA NIDHI BHAWAN 14 BHIKAJA CAMA PLACE NEW DELHI-66 5:STATE BANK OF INDIA REP. BY ITS BRANCH MANAGER TINSUKIA BAZAR BRANCH TINSUKIA-2 Advocate for the Petitioner : MR. A DEKA, MR. S S ROY,MR. S BORTHAKUR Advocate for the Respondent : DY.S.G.I., MR. S K MEDHI (CGC, FOR UNION OF INDIA),N HASAN(R-5),P SINGH(R-5),MR. B K SEN (R-5),MR. DILIP DEY (R-2,3),SC, SBI,SC. EPFO BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA