Rehana Nazar vs The Provident Fund Commissioner on 30 April, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 13992 of 2010(Y)


1. REHANA NAZAR,AGED 46,W/O.NAZAR MUSALIAR,
                      ...  Petitioner

                        Vs



1. THE PROVIDENT FUND COMMISSIONER,
                       ...       Respondent

2. THE ASSISTANT PROVIDENT FUND

                For Petitioner  :SRI.H.HARIKUMAR (KOLLAM)

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :30/04/2010

 O R D E R
                 K.SURENDRA MOHAN, J.
             -------------------------------------------
                W.P.(C) No.13992 of 2010
             -------------------------------------------
          Dated this the 30th day of April, 2010

                          JUDGMENT

The petitioner is the proprietrix of M/s Shamna

Cashews, Kollam. The factory is facing a financial crisis

and has therefore defaulted payment of provident fund

contributions under the Employees Provident Funds and

Miscellaneous Provisions Act, 1952 (the ‘Act’ for short).

Consequent to the default in payment of contributions, the

respondents initiated action against the petitioner by

issuing demand notices in respect of the amounts due and

by charging interest and imposing damages under Section

14B of the Act. The said proceedings are under challenge

in this Writ Petition.

2. Since it is admitted by the petitioner that default

in payment of the provident fund contribution was

committed, the amount imposed under Section 14B has to

be paid. However, considering the bad financial condition

of the petitioner, the petitioner is granted permission to

pay the said amount in three monthly instalments. If the

wpc No.13992/2010 2

petitioner has any grievance regarding the order passed

under Section 7Q of the Act, he may challenge the same by

filing a review petition against it.

3. In the above circumstances, this Writ Petition is

disposed of directing the petitioner to pay an amount of

Rs.1,00,000/-(Rupees One Lakh only) on or before

30.5.2010, an amount of Rs.1,50,000/- (Rupees One lakh

Fifty Thousand only) on or before 30.6.2010 and the

balance amount demanded in Ext.P3 under Section 14B on

or before 30.7.2010. Regarding the amount charged

under Section 7Q, the petitioner is left free to challenge

the same in appropriate proceedings under the Act. It is

made clear that if the petitioner defaults payment of the

instalments stipulated above, the authorities are free to

proceed with appropriate action for recovery of the

amounts in Ext.P3, in accordance with law.

K.SURENDRA MOHAN,
JUDGE

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