Research › Search › Judgment

Kerala High Court · body

2020 DIGILAW 82 (KER)

Tiknar Homes Pvt. Ltd. , Represented by its Managing Director v. Employees Provident Fund Organisation, Represented by its Regional P. F. Commissioner-II

2020-01-24

RAJA VIJAYARAGHAVAN V.

body2020
JUDGMENT : RAJA VIJAYARAGHAVAN V., J.:— The petitioner herein is the Managing Director of Tiknar Homes Pvt. Ltd., and is engaged in the construction business. The aforesaid Company is covered under the Employees Provident and Miscellaneous Provisions Act, 1952 (‘Act 19 of 1952’ for short). An assessment order under Section 7A of the Act of 1952 was passed against the petitioner herein determining a sum of Rs. 5,31,840/- towards arrears for the period from September, 2012 to December, 2014. The said order has become final. Thereafter, Ext. P5 notice was issued calling up the petitioner to pay the amount, on receipt of which, this petition is filed seeking to quash Exts.P4 and P5 and also to direct the respondent to initiate the proceedings afresh and for incidental reliefs. 2. Sri. Paulson C. Varghese, the learned counsel appearing for the petitioner, submits that due to acute recession in the construction business and due to various other factors, the business of the petitioner nosedived and the company is now in an irredeemable state. The Company is not even in a position to pay the monthly salaries of its employees. The Sales Tax authorities have initiated coercive proceedings and prohibitory orders have been issued. Owing to the aforesaid factors, the petitioner failed to remit the contributions in time. It is submitted that though the petition is filed challenging Ext. P4, the petitioner is not disputing the quantum as the order has become final. His only prayer is to grant installment facilities to clear off the dues in installments. 3. Sri. S. Prasanth, the learned standing counsel, has vehemently opposed the prayer of the petitioner. It is submitted that Ext. P4 order is dated 3.5.2019 and since it has become final, the petitioner is expected to remit the amount without delay. It is further submitted that he is also bound to pay damages and interest for the belated payment. 4. I have considered the submissions advanced and have perused the records. 5. Though this Writ Petition is filed challenging Exhibit P4 order and for incidental reliefs, now the only prayer is that a breathing time be granted to clear off the dues. Having considered the submissions and the alleged impecunious circumstances pleaded by the petitioner, I am of the view that the petitioner can be granted 12 months to clear off the entire dues covered under Ext. P4. 6. Having considered the submissions and the alleged impecunious circumstances pleaded by the petitioner, I am of the view that the petitioner can be granted 12 months to clear off the entire dues covered under Ext. P4. 6. 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 respondent within two weeks from today. (ii) The respondent shall quantify the amounts due from the petitioner and inform the petitioner in writing, within a week therefrom, detailing the amount due as on 25.1.2020. (iii) The respondent shall grant twelve equal monthly installments and the first installment shall be payable on 15.2.2020. (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 respondent may recommence the recovery proceedings. (vi) 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.