P. Unnikrishnan Nair v. Assistant Provident Fund Commissioner
2020-01-30
RAJA VIJAYARAGHAVAN V.
body2020
DigiLaw.ai
JUDGMENT : Raja Vijayaraghavan V., J. 1. Champakara Road Lines is a motor transport concern run by the petitioner. The said establishment is covered by the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 ('EPF Act' for short). They defaulted in remitting the contributions and accumulations payable under the EPF Act and the sundry schemes formulated under that statute. It was in those circumstances that the Assistant Provident Fund Commissioner, Kottayam issued notice to the petitioner enabling it to show cause against the imposition of 'Damages' and interest under Section 14B and 7Q of the EPF Act for belated remittances during the period from 3/12 to 12/17. It is at this juncture that the petitioner has approached this Court seeking a direction to the respondents to permit the petitioner to remit the outstanding amount in monthly installments. 2. Heard the learned counsel appearing for the petitioner and Sri. Joy Thattil Itoop, the learned Standing Counsel appearing for the respondents. 3. I have considered the submissions advanced and have perused the records. 4. Having considered the facts and circumstances and the alleged impecunious circumstances pleaded by the petitioner, I am of the view that the petitioner can be granted 12 months time to clear off the entire dues covered under Ext. P2. 5. In the result, this writ petition is disposed of on the following terms: (i) The petitioner shall produce the certified copy of this judgment before the respondents within two weeks from today. (ii) The 1st respondent shall quantify the amounts due from the petitioner as on 30.1.2020 and inform the petitioner in writing, within a week therefrom, detailing the amount due along with the interest. (iii) The 1st respondent shall grant twelve equal monthly installments and the first installment shall be payable on 20.02.2020. (iv) The recovery proceedings shall be kept in abeyance if the petitioner continues to pay the amounts as ordered by this Court without any default. (v) On the petitioner committing default of payment of any one installment, the respondents may recommence the recovery proceedings.