IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 18TH JUNE 2009 / 28TH JYAISHTA 1931 WP(C).No. 16789 of 2009(P) -------------------------- PETITIONER(S): --------------- 1. MRS.SOBHA S.VED, PROPRIETRIX, M/S.NITHIN SPINNERS, PLOT NO.20, INDUSTRIAL DEVELOPMENT PLOT, PERINGANDOOR, THRISSUR. 2. MR.DEEPESH S.VED, M/S.NITHIN SPINNERS, PLOT NO.20, INDUSTRIAL DEVELOPMENT PLOT, PERINGANDOOR, THRISSUR. BY ADV. SRI.DEVAN RAMACHANDRAN SRI.K.M.ANEESH RESPONDENT(S): --------------- 1. THE REGIONAL PROVIDENT FUND COMMISSIONER BHAVISHYAINDHI BHAVAN, P.B.NO.1895, KALOOR, KOCHI. 2. THE ASSISTANT PROVIDENT FUND COMMISSIONER AND RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANISATION, BHAVISHYAINDHI BHAVAN P.B.NO.1895, KALOOR, KOCHI. ADV. SRI.S.GOPAKUMARAN NAIR, SENIOR ADVOCATE & SRI.M.CHANDRA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).16789/2009 -------------------- Dated this the 18th day of June, 2009 JUDGMENT Petitioners are admitted defaulters under the EPF & MP Act. Apparently, the establishment which was being run by them has been closed and the workers have been discharged. 1st petitioner is a 54 year old lady. She submits that it is only because of the very stringent financial situation that the petitioners are not able to pay the arrears and they are not in a position to pay the dues to the respondents. Learned counsel for the respondents submits that the amounts due would approximate 15 Lakhs by way of contribution including the employees' share from April 2003 to May 2007. 2. There cannot be any justification on the part of the petitioners in not even remitting the amount towards employees share. This is not to say that there is justification in not remitting the employer's share. In the facts and circumstances of the case, taking note W.P.(C).16789/2009 2 of the request made in Ext.P1, petitioners shall be granted a facility to pay the amount due under the EPF Act in instalments. 3. I make it clear that the facility to pay the amounts in instalments will not constitute any expression of opinion on my part on the sustainability of the criminal prosecutions pending against the petitioners. They will have to be independently decided by the concerned Court, in accordance with law. The entire amount shall be payable in seven instalments. First instalment shall comprise of employees' share and same shall be payable on or before 15.9.2009. Remaining amount in equal instalments shall be payable on the 15th of every month. If there is any default in paying anyone of the instalments, this facility shall stand cancelled. Writ petition is disposed of as above. V.GIRI, Judge mrcs