IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 WP(C).No. 26037 of 2008(Y) -------------------------- AGAINST THE ORDER DATED / / IN ST 1379/2005 IN ST.1378/2005 of J.M.F.C.-V,KOZHIKODE .................... PETITIONER: ------------ 1. M/S.KERALA TILERY, FEROKE, KOZHIKKODE. 2. KUNJU MOIDEENKUTTY, MANAGING PARTNER, KERALA TILERY, FEROKE, KOZHIKODE. BY ADV. SRI.P.R.RAMACHANDRA MENON RAJI T. BHASKAR M.K.THANKAPPAN RESPONDENTS: ------------- 1. THE ENFORCEMENT OFFICER, EPF ORGANISATION, BHAVISHYA NIDHI BHAVAN, ERANHIPALAM, KOZHIKKODE-6. 2. THE REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES' PROVIDENT FUND ORGANIZATION, BHAVISHYA NIDHI BHAVAN, ERANHIPALAM, KOZHIKKODE-6. 3. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY G.P. SRI. AMJAD ALI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- W.P.(c)No. 26037 of 2008-Y ------------------------------------------------- Dated this the 29th day of August, 2008 JUDGMENT The petitioners face indictment for offences punishable under the Employees' Provident Funds and Miscellaneous Provisions Act. According to the petitioners, attempts are being made to clear off the entire liability including principal amount, interest and damages imposed. There is an understanding/ agreement that the amount must be paid by December, 2008 and if such payment is made, the prosecutions shall be withdrawn by the complainant. The petitioners have been granted time till December, 2008 to make the payment. But, in the meantime, these cases which have been filed as early as in 2005 are being posted for trial. 2. The short prayer of the learned counsel for the petitioners, which prayer is endorsed by the learned counsel W.P.(c)No. 26037 of 2008-Y -: 2 :- for the respondents, is that time may be given till December, 2008 to clear off the balance amount and enable the respondents to withdraw the prosecutions. 3. Notwithstanding the fact that the prosecutions have been pending from 2005, I am satisfied, in the light of the submissions made by both counsel, that the court below can be directed to adjourn the trial of the cases to any date in January, 2009. In the meantime, the needful shall be done by the petitioners and the respondents to ensure that the cases are withdrawn and are brought to premature termination. 4. This writ petition is dismissed as agreed. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge W.P.(c)No. 26037 of 2008-Y -: 3 :-