IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 28355 of 2010(T)
1. METRO SILKS, SAREES & READYMADE,
... Petitioner
Vs
1. THE ENFORCEMENT OFFICER,EMPLOYEES
... Respondent
2. THE EMPLOYEES PROVIDENT FUND
3. THE EPF APPELLATE TRIBUNAL,4TH FLOOR,
For Petitioner :SRI.N.RAGHURAJ
For Respondent :SRI.S.GOPAKUMARAN NAIR (SR.)
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :28/10/2010
O R D E R
C.T.RAVIKUMAR, J.
----------------------------
W.P.(C)No.28355 of 2010
----------------------------
Dated 28th October, 2010
JUDGMENT
The petitioner is the Managing Partner of M/s.Metro Silks,
Sarees & Readymade, North Chalakkudy. The provisions of the
Employees Provident Fund and Miscellaneous Provisions Act, 1952 (in
short `the Act’) and the Scheme thereunder are made applicable to the
petitioner company. Since the petitioner has failed to effect contribution
promptly a notice under section 7A of the Act was issued to the
petitioner and thereafter Ext.P1 order dated 9.6.2009 was passed.
Pursuant to the same, Ext.P5 demand notice was issued and that was
followed by Ext.P6 notice for attachment. Feeling aggrieved by Ext.P1
order, the petitioner has preferred an appeal under section 7(1) of the
Act before the third respondent. In the said circumstances,
apprehending coercive steps pursuant to Exts.P1, P5 and P6 that this
writ petition has been filed.
2. When this matter is taken up today, the learned counsel
for the petitioner submitted that the petitioner is confining his prayers to
one for a direction to the first respondent to keep in abeyance all
coercive steps and permit the petitioner to pay the amount covered as
per Ext.P1 together with the interest thereon in instalments.
3. I have heard the learned standing counsel appearing for
respondents 1 and 2 as well. In the light of the said submission made on
WP(C).No.28355/2010 2
behalf of the petitioner, I am inclined to dispose of this writ petition as
hereunder:-
The first respondent shall keep in abeyance all coercive steps
taken pursuant to Ext.P1 order in such a way to enable the petitioner to
pay the amount covered as per Ext.P1 together with interest thereon as
specified in Ext.P6, in six equal monthly instalments commencing from
15th day of November, 2010. The subsequent instalments shall be paid
by the petitioner on or before the 15th day of every succeeding month till
the entire amount due is wiped off. It is made clear that in case the
petitioner fails to pay the amount in terms of the directions in this
judgment, it will be open to the first respondent to proceed with the
steps taken as per Exts.P5 and P6. The learned counsel for the petitioner
submits that this judgment shall not be worked out to the prejudice of
the petitioner in challenging the proceedings that may follow by virtue of
the provisions under Sections 7Q and 14B of the Act. it is made clear
that this judgment and the payments effected in terms of this judgment
shall not affect the rights of the petitioner otherwise available to defend
any such proceedings.
C.T.RAVIKUMAR
Judge
TKS