IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 18821 of 2007(N)
1. M/S. SAHITHYA PRAVARTHAKA CO-OPERATIVE
... Petitioner
Vs
1. REGIONAL PROVIDENT FUND COMMISSIONER,
... Respondent
2. ASSISTANT PROVIDENT FUND COMMISSIONER &
3. RECOVERY OFFICER,
4. THE EMPLOYEES PROVIDENT FUND APPELLATE
5. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.P.V.SURENDRANATH
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :18/08/2008
O R D E R
S.SIRI JAGAN, J.
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W.P.(C).No.18821 of 2007
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Dated this the 18th day of August, 2008
J U D G M E N T
The petitioner is a society comprised of leading literary
personalities of the State as members thereof. The Society has
defaulted payment of amounts due under the Employees’
Provident Funds and Miscellaneous Provisions Act. Coercive
proceedings have been initiated by the Provident Fund
Organization, which are under challenge in this writ petition. The
only ground put forward by the petitioner is of extreme financial
difficulties. They would also submit that the Government has
promised to help them by making available funds for payment.
Although they would submit that the petitioner and the
Government have approached the Provident Fund Organization
for waiver of the damages and interest, they do not actually
dispute the liability to pay. They only submit that they may be
given the facility to pay off the balance amounts in instalments.
They also point out that with great difficulty and with the help of
the Government, they have been able to pay more than Rs.17
lakhs. In the above circumstances, the petitioner prays that the
petitioner may be permitted to pay off the balance amounts due
w.p.c.18821/07 2
in instalments of Rs.50,000/- per month.
2. This is opposed by the learned Standing Counsel
appearing for the Provident Fund Organization.
3. After hearing both sides, I dispose of this writ petition
with the following directions:
Respondents 1 to 3 shall permit the petitioner to pay off the
balance amount due in instalments at the rate of Rs.75,000/- per
month. The first instalment shall be paid on the first working day
of October, 2008. Every subsequent instalment shall be paid on
the first working day of every succeeding month till the entire
dues are cleared off. If the petitioner pays the instalments in
time, coercive proceedings shall be kept in abeyance. However, if
the petitioner commits default in payment of any of the
instalments, it would be open to the respondents to continue the
recovery proceedings as per law. I make it clear that this would
not stand in the way of the petitioner approaching the Provident
Fund Organization for remission of any amount due which shall
be considered in accordance with law by the Provident Fund
Organization.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge
w.p.c.18821/07 3