JUDGMENT An application has been filed on behalf of the Regional Provident Fund Commissioner, West Bengal, Andaman & Nicobar Island for modification of the orders passed by this Court on 8th October, 1993 and 13th October, 1993. 2. During the course of hearing of the said application, the writ application itself was also taken up for consideration. 3. The writ application is directed against certain steps, including filing of criminal cases, taken by the respondents against the writ petitioners on account of default committed by the petitioner company in making payment of its Provident Fund dues. 4. On behalf of the writ petitioners it was submitted that the petitioner No. 1 company was declared to be a "sick company" within the meaning of the Sick Industrial Companies (Special Provisions) Act, 1985, on or about 15th September, 1987, and a Special Director was appointed by the Board for Industrial and Financial Reconstruction for safeguarding its financial and other interests. 5. According to the writ petitioners, the Board for Industrial and Financial Reconstruction, (hereinafter referred to as "B. I. F. R." ), initially appointed the Industrial Reconstruction Bank of India and, thereafter, the Industrial Financial Corporation of India, (hereinafter referred to as "IFCI"), as the agency to frame a scheme for the purpose of reviving the petitioner company. 6. I. F. C. I., thereafter, asked the management of the petitioner company to formulate a scheme for reviving the petitioner company. The scheme prepared by the petitioner company was not found to be viable and the B.I.F.R. came to the conclusion that the company should be wound up and necessary notifications were published under the Sick Industrial Companies (Special Provisions) Act, 1985. 7. It appears that at this stage the petitioner No.2 submitted a fresh scheme, which was accepted by the said Board, which agreed to hand over the management of the petitioner No. 1 company to the petitioner No.2. It appears that pursuant to the above, the management of the company was handed over to the petitioner No.2 with effect from the month of January, 1991. 8. It appears that pursuant to the above, the management of the company was handed over to the petitioner No.2 with effect from the month of January, 1991. 8. According to the petitioners, in the scheme which was approved by the B.I.F.R. on 14th February, 1991, the Financial Institutions such as, the I. F. C. I. and the I. R. B. I. and the Bank of India undertook to provide financial assistance to the petitioner company, but till the date of filing of the writ petition no such financial assistance or even credit facilities had been provided, despite repeated requests and reminders and in spite of several orders passed by the B.I.F.R. in this regard. 9. It is the petitioners' case that as a result, the petitioner company was unable to achieve full production and generate sufficient cash flow in order to regularly deposit the Provident Fund contribution from November, 1991 onwards. According to the petitioners, during the period from November 1991 to May 1992, a sum of Rs. 46,00,687/- became payable by the petitioner company on account or Provident Fund dues. 10. It appears that the Provident Fund Authorities lodged a complaint with the Uluberia Police Station, which was numbered as Uluberia Police Station Case No. 246 dated 21st December, 1992, under Sections 403, 406 and 409 of the Indian Penal Code in respect of such dues. 11. According to the petitioners, even after the criminal case was registered, the petitioners requested the respondents to allow them to liquidate the arrear Provident Fund dues for the period during November 1991 and May 1992, and that pursuant to the instalments granted, the petitioner company liquidated the entire dues for the period from November 1991 till March 1992, and the employees' contribution towards the Provident Fund dues for the months of April and May 1992, but was unable to pay the employers' contribution for the said two months, amounting to a sum of Rs. 11,02,934/-. 12. Admittedly, the Provident Fund dues for the subsequent periods have also remained unpaid, and at the time when the writ petition was moved, a sum of Rs. 75,10,660/- was outstanding towards the Provident Fund contribution payable by the petitioner company. 13. 11,02,934/-. 12. Admittedly, the Provident Fund dues for the subsequent periods have also remained unpaid, and at the time when the writ petition was moved, a sum of Rs. 75,10,660/- was outstanding towards the Provident Fund contribution payable by the petitioner company. 13. It is the petitioners further case that on or about 5th October, 1993, the representative of the petitioner company was threatened by the Regional Provident Fund Commissioner with recovery proceedings and criminal action against the Directors and Officers of the petitioner company. 14. Appearing in support of the writ petition, Mr. Bhaskar Sen submitted that the respondents had not applied their minds to the facts of the case while making the aforesaid threats, since the defaults had been caused because of the failure of the Financial Institution and the Bank of India to provide financial assistance and credit facilities to the petitioner company, as undertaken by them in the scheme approved by the Board for Industrial and Financial Reconstruction, which had taken into consideration the Provident Fund dues which would be payable upto March 1994. 15. Mr. Sen pointed out that the criminal case initiated against the petitioner company, being Uluberia Police Station Case No. 246 dated 21st December, 1992, was in respect of the defaults committed during November 1991 and May 1992. Mr. Sen submitted that when the employees' contribution for the said period had been fully liquidated pursuant to the instalments granted by the Provident Fund Authorities themselves, there could be no justification in continuing with the said criminal proceedings. 16. Mr. Sen submitted that in the facts and circumstances of the case, the petitioner company should be given an opportunity to deposit its arrear Provident Fund dues in suitable instalments, keeping in mind the fact that the Financial Institutions which had undertaken to provide financial assistance had, in fact, failed to do so. Mr. Sen also submitted that in that perspective the concerned respondents should also be restrained from taking any coercive measures, including initiation of criminal proceedings against the company, its Directors and Officers. 17. Appearing for the Provident Fund Authorities, Mr. Vinay Misra submitted that according to the petitioners themselves, a sum of Rs. 75,10,666/- was payable by the petitioner company towards arrear Provident Fund dues till the date of filing of the writ application, namely, 8th October, 1993. Mr. 17. Appearing for the Provident Fund Authorities, Mr. Vinay Misra submitted that according to the petitioners themselves, a sum of Rs. 75,10,666/- was payable by the petitioner company towards arrear Provident Fund dues till the date of filing of the writ application, namely, 8th October, 1993. Mr. Misra pointed out that since then the liability must have exceeded rupees one (1) crore. 18. Mr. Misra urged that in respect of the Provident Fund dues it was immaterial whether the petitioners had received financial help from the Financial Institutions or not, since 50% of tile dues was comprised of deduction made from the employees' salaries, which could have been deposited by the management, but was utilised by them in other ways. 19. Mr. Misra submitted that, although, opportunities were given to the petitioner company to liquidate the arrear dues for the period between November 1991 and May 1992, in instalments, not only had the petitioner company defaulted in respect of such instalments, but it had not made any deposits in respect of the subsequent periods as well. 20. Mr. Misra urged that the petitioners did not merit any sympathy, and unless stringent steps were taken against the petitioner company and its management, the workers would stand to be seriously prejudiced on account of non-payment of their Provident Fund dues. Mr. Misra urged that the writ petition was liable to be dismissed with costs. 21. I have carefully considered the submissions made on behalf of the respective parties and, although, admittedly there has been default on the part of the petitioner company in making the Provident Fund deposits, which makes it liable for criminal prosecution, one cannot absolutely ignore the failure of the several Financial Institutions to abide by their commitment for providing financial assistance to the petitioner company which was duly incorporated in the scheme for revival of the company, which was accepted by the Board for Industrial and Financial Reconstruction. 22. Since the petitioners acted on the assurance given by the Financial Institutions to take care of the Provident Fund dues till the month of March 1994, as stated in paragraph 24 of the writ petition, it could reasonably be accepted that the management of the petitioner company felt assured that it would be able to take care of the Provident Fund dues, at least till 31st March, 1994. When such financial assistance was not forthcoming the management of the petitioner company appears to have been left in the lurch and to fend for itself in the matter of payment of the Provident Fund dues. 23. This does not, however, absolve the petitioner company and its management from depositing the Provident Fund dues which have accumulated in the meantime. The only concession that can be made is that the petitioners should be given an opportunity to pay the arrears in suitable instalments so that the company can also be revived and the employees can also be assured of the deposit of their Provident Fund dues. 24. Having regard to the above, I am of the view that the ends of justice will be fully met if the petitioners are allowed to pay the arrear dues in suitable instalments. 25. Accordingly, I dispose of the writ application with a direction upon the petitioners to initially deposit within 15th April, 1994, a sum of Rs. 35,10,660/- and thereafter, to pay the balance arrears up to the date of filing of the writ application in 8(eight) equal monthly instalments of rupees five (5) lakhs each, commencing from the Month of May 1994. The said amounts are to be deposited in addition to the current Provident Fund dues. 26. Subject to the payment of the aforesaid outstanding dues in the manner indicated hereinabove, the respondents will not take any coercive measures, including filing of criminal complaints, against the petitioner company, its Directors and Officers, for realisation of the said dues. 27. As far as the criminal case, being Uluberia Police Case No. 246, dated 21st December, 1992, pending before the Sub-Divisional Judicial Magistrate, Uluberia, is concerned, the petitioners will be entitled to make an application before the learned Magistrate to drop the proceedings, since the same appears to be in respect of the payments of the employees' share of the Provident Fund dues between November 1991 and May 1992, which according to the petitioners have already been paid. If the learned Magistrate is satisfied that the complaint is in respect of amounts which have already been paid, he shall take steps to drop the proceedings in accordance with law. There will be no order as to costs. All parties are to act on a xerox signed copy of this Dictated Order on the usual undertaking.