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2020 DIGILAW 199 (KER)

Dileep Kumar M. R. v. Employees Provident Fund Organization

2020-02-17

RAJA VIJAYARAGHAVAN V.

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JUDGMENT : Raja Vijayaraghavan V., J. 1. The petitioner herein is the Managing Director of a firm by name "Taste Mantra" which is an establishment 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, Thrissur issued notice to the petitioner enabling it to show cause against the imposition of 'Damages' and interest under Section 7Q of the EPF Act. It is at this juncture, the petitioner has approached this Court seeking a direction to the respondents to permit the petitioner to remit the amount demanded as per Ext. P1 in 10 equal monthly installments. 2. The learned counsel appearing for the petitioner submits that the petitioner is not questioning the quantum. His limited prayer is that he be permitted to pay the amount covered by Exhibit P1 in 10 equal monthly installments. 3. Sri Thomas Mathew Nellimoottil, the learned standing counsel, has vehemently opposed the prayer of the petitioner. It is submitted that since Ext. P1 order dated 03.10.2019 has become final, the petitioner is expected to remit the amount without delay; 4. I have considered the submissions advanced and have perused the records. 5. Having considered the submissions and the alleged impecunious circumstances pleaded by the petitioner, I am of the view that the petitioner can be granted 10 months time to clear off the entire dues covered under Ext. P1. 6. In the result, this writ petition is disposed of on the following terms: (i) The 2nd respondent shall grant ten equal monthly installments to clear off the amounts due from the petitioner as shown in Ext. P1. The first installment shall be paid by the petitioner on 15.03.2020 and the balance installments shall be paid on the 20th of the succeeding months. (ii) The proceedings pursuant to Ext. P1 shall be kept in abeyance if the petitioner continues to pay the amounts as ordered by this Court without any default. (iii) On the petitioner committing default of payment of any one installment, the 2nd respondent may recommence the recovery proceedings. (ii) The proceedings pursuant to Ext. P1 shall be kept in abeyance if the petitioner continues to pay the amounts as ordered by this Court without any default. (iii) On the petitioner committing default of payment of any one installment, the 2nd respondent may recommence the recovery proceedings. (iv) It is made clear that this order is made on the submission of the learned counsel that the petitioner is facing grave financial hardship and therefore, no further extension will be granted. This order is passed without prejudice to the right of the respondent to proceed against the petitioner for realization of amount, if any, under Section 14B and 7Q of Act 19 of 1952.