IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 34570 of 2010(U)
1. KORAH JOHN, AGED 51 YEARS,
... Petitioner
Vs
1. THE ASSISTANT PROVIDENT FUND
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.H.B.SHENOY
For Respondent :DR.S.GOPAKUMARAN NAIR (SR.)
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :18/11/2010
O R D E R
C.T. RAVIKUMAR, J.
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W.P.(C). NO.34570 OF 2010
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Dated this the 18th day of November, 2010
JUDGMENT
The petitioner, who is the Managing Director of Milgram Milk
Specialities Pvt.Ltd. filed this Writ Petition mainly seeking for issuance of
a writ in the nature of prohibition prohibiting the respondents from
arresting and detaining him for realisation of the contribution dues under
Employees Provident Fund & Miscellaneous Provisions Act, 1952 (for
short ‘EPF & MP Act’ only) payable by Milgram Milk Specialities Pvt.Ltd.
As per Ext.P1, the petitioner was called for to show cause why he should
not be committed to civil prison in execution of the certificates issued
under the EPF & MP Act for the purpose of realisation of the amount
payable by the company to the tune of Rs.3,15,909/-. Admittedly, there is
no challenge against the quantification of the amount made in terms of
Section 7A of the EPF& MP Act. The petitioner cannot dispute the
liability to pay the amount mentioned in Ext.P1. Subsequently, on receipt
of the same, the petitioner has submitted Ext.P3 representation dated
31.8.2010. In the said representation he has specifically stated that he
would clear the entire pending arrears within a period of two months and
requested the authorities to refrain from resorting to any coercive step for
W.P.(C) NO.34570/2010 2
realisation of the aforesaid amount. In fact, it is apprehending the arrest
and detention in civil proceedings that the above Writ Petition has been
filed.
2. I have heard the learned counsel for the petitioner, the learned
Standing Counsel for the first respondent and also the learned Government
Pleader. Taking note of the circumstances and the readiness expressed by
the petitioner to clear off the entire arrears towards the Employees
Provident Fund, I am of the view that this Writ Petition can be disposed of
as hereunder:-
The respondents shall keep all proceedings contemplated as per
Ext.P1 for a period of four months. In the meanwhile, the petitioner shall
clear off the entire outstanding dues, as mentioned in Ext.P1, in three equal
monthly instalments commencing from10.12.2010. Balance two
instalments shall be paid on or before the 10th day of the succeeding
months. It is made clear that in case the petitioner commits any default in
payment of the instalments as directed above, it will be open to the
respondents to pursue with the action already initiated.
(C.T. RAVIKUMAR, JUDGE)
spc
W.P.(C) NO.34570/2010 3
C.T. RAVIKUMAR, J.
JUDGMENT
September, 2010
W.P.(C) NO.34570/2010 4