M/S. Bluelabs Technology … vs Asst. Provident Fund … on 4 October, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 30378 of 2010(V)


1. M/S. BLUELABS TECHNOLOGY SOLUTINS
                      ...  Petitioner

                        Vs



1. ASST. PROVIDENT FUND COMMISSIONER
                       ...       Respondent

2. EMPLOYEES PROVIDENT FUND ORGANIZATION,

                For Petitioner  :SRI.V.B.HARI NARAYANAN

                For Respondent  :SRI.S.GOPAKUMARAN NAIR (SR.)

The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :04/10/2010

 O R D E R
                           C.T. RAVIKUMAR, J.
                    --------------------------------------------
                       W.P.(C). NO.30378 OF 2010
                    --------------------------------------------

                  Dated this the 4th day of October, 2010


                                 JUDGMENT

The petitioner is a company registered under the provisions of the

Companies Act, 1956. This Writ Petition has been filed mainly with the

prayer to direct the respondents to grant instalment facility to clear off the

amount demanded as per Ext.P2 and, further, not to initiate any

prosecution proceedings against the petitioner for non-payment of the

amount demanded as per Ext.P2. Admittedly, an amount of Rs.3,41,964 is

outstanding towards the contribution dues covering the period from

February 2009 to August 2009. Ext.P2 notice has been issued pursuant to

the finalisation of the proceedings initiated under Section 7A of the

Employees’ Provident Fund Act. The learned counsel for the petitioner

submitted that the petitioner would pay an amount of Rs.50,000/- within a

period of two weeks from today and would pay the balance amount in five

equal monthly instalments.

2. I have heard the learned counsel for the petitioner and also the

learned counsel for the respondents. This Writ Petition is disposed of with

W.P.(C) NO.30378/2010 2

the following directions:-

In view of the readiness expressed by the petitioner to pay off the

amount demanded as per Ext.P2, the petitioner shall pay an amount of

Rs.50,000/- within a period of two weeks from today. The balance amount

demanded as per Ext.P2 shall be paid in five equal monthly instalments

commencing from 1.11.2010 onwards. The monthly instalments as

directed above shall be made on or before 5th of every month. In case of

failure on the part of the petitioner to remit the instalments in terms of the

directions in this judgment, it will be open to the respondents to initiate

steps based on Ext.P2.

(C.T. RAVIKUMAR, JUDGE)

spc

W.P.(C) NO.30378/2010 3

C.T. RAVIKUMAR, J.

JUDGMENT

September, 2010

W.P.(C) NO.30378/2010 4