IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1197 of 2009()
1. HOPE PLANTATIONS,(A DIV,OF PODDAR UDYOG
... Petitioner
Vs
1. THE REGIONAL PROVIDENT FUND COMMISSIONER
... Respondent
2. ASSISTANT PROVIDENT FUND COMMISSIONER,
3. THE RECOVERY OFFICER,EMPLOYEES PROVIDENT
For Petitioner :SRI.V.B.HARI NARAYANAN
For Respondent :SRI.JOY THATTIL ITOOP, SC, EPF ORGANISA
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :14/08/2009
O R D E R
KURIAN JOSEPH & C.T.RAVIKUMAR, JJ.
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W.A.No.1197 of 2009
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Dated this the 14th day of August, 2009
JUDGMENT
Kurian Joseph,J.
Appellant is the petitioner in the writ petition. The writ
petition was filed challenging the coercive steps taken by the
respondents to realise the contribution, interest and damages to the
Employees Provident Fund. The learned single Judge dismissed the
writ petition granting only liberty to seek for payment of the dues in
instalments. When the writ appeal came up before us, we passed
an order dated 23-6-2009 permitting the appellant to find out a
purchaser so that through private sale the dues to the Provident Fund
can be paid. The appellant has now made a proposal that the dues as
on date can be paid in six instalments. The proposals are submitted in
the form of a memo dated 14-8-2009 filed by the counsel. The terms
proposed are as follows:-
1. The appellant undertakes to remit the actual
dues including arrears as on date in 6 instalments.
The 1st instalment of Rs.50,00,000/- shall be paid on
or before 15th of October 2009. The balance amount
after deducting the remittances already made by the
appellant as per various orders of this Hon’ble Court
shall be paid in 5 equal monthly instalments starting
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from 1st December 2009.
2. The interest payable under Section 7Q shall be
paid in 36 equal monthly instalments.
3. The appellant shall submit a result before the
Central Board of Trustees for 100% waiver of damages
assessed under Section 14 (B) within a period of 4
weeks from today. The Central Board of Trustees, New
Delhi may be directed to consider the same
sympathetically and favourably after giving an
opportunity of being heard to the appellant and pass
favourable orders within a further period of 2 months.
4. All the prosecution proceedings initiated against
the Company and its Directors shall be withdrawn upon
receipt of the payments as mentioned above. In the
meanwhile the proceedings now pending before the
Judicial 1st Class Magistrate Court I, Peerumedu shall be
kept in abeyance.
Having regard to the proposals and having heard the learned counsel
appearing for the Organisation we feel that the request for payment of
interest in 36 instalments is unreasonable. Therefore, we permit the
appellant to pay the up-to-date dues in six monthly instalments, the
first instalment shall be paid on or before 15-10-2009 and thereafter
the balance in five equal monthly instalments starting from 1st
December 2009. The dues shall be paid before the 10th of every month.
The dues by way of interest shall be paid in 24 equal monthly
instalments starting from the month of October 2009. The appellant is
permitted to move the Central Board of Trustees in the matter of waiver
of damages. In the event of such a representation being filed within a
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period of one month from today, the same shall be considered by the
Central Board of Trustees with notice to the appellant within another
three months. It is made clear that until a decision is taken as above,
subject to the petitioner filing the representation, there shall be no levy
of damages under Section 14-B. We record the submission made on
behalf of the respondents that on clearing the dues, the criminal cases
will be withdrawn.
The writ appeal is disposed of as above. We make it clear that in
the event of default of any two consecutive instalments, either in the
matter of principal or in the matter of interest, it will be open to the
respondents to proceed with the recovery by coercive steps as proposed
in Ext.P6.
The appellant will produce a copy of this judgment along with the
representation before the Central Board of Trustees.
(KURIAN JOSEPH, JUDGE)
(C.T.RAVIKUMAR, JUDGE)
ahg.
KURIAN JOSEPH &
C.T.RAVIKUMAR, JJ.
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W.A.No.1197 of 2009
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JUDGMENT
14th August, 2009