IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 WP(C).No. 28355 of 2010(T) --------------------------------------- PETITIONER(S): ----------------------- METRO SILKS, SAREES & READYMADE, NORTH JUNCTION, CHALAKKUDY,THRISSUR DISTRICT, KERALA, REP.BY ITS MANAGING PARTNER M.J.TOMMY. BY ADV. SRI.N.RAGHURAJ RESPONDENT(S): ------------------------- 1. THE ENFORCEMENT OFFICER, EMPLOYEES PROVIDENT FUND ORGANIZATION, DISTRICT OFFICE, THRISSUR. 2. THE EMPLOYEES PROVIDENT FUND ORGANIZATION, REGIONAL OFFICE, 36/685 A, BHAVISHYA NITHI BHAVAN, KALOOR, KOCHI. 3. THE EPF APPELLATE TRIBUNAL, 4TH FLOOR, CORE 2, SCOPE MINAR, LAXMI NAGAR, DELHI- 110 092. R1 & R2 BY SRI.S.GOPAKUMARAN NAIR, SENIOR ADVOCATE, ADV. SRI.M.CHANDRA BOSE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/10/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 28355/2010-T APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER DATED 09/06/2009 IN 7A ENQUIRY. EXT.P2: COPY OF THE DEMAND DRAFT FOR AN AMOUNT OF Rs.33, 622/- DRAWN ON SBI CHALAKKUDY. EXT.P3: COPY OF THE REPRESENTATION. EXT.P4: COPY OF THE LETTER DATED 12/05/2010. EXT.P5: COPY OF THE NOTICE OF DEMAND DATED 11/05/2010. EXT.P6: COPY OF THE NOTICE OF ATTACHMENT OF THE MOVABLES. EXT.P7: COPY OF THE APPEAL MEMORANDUM. EXT.P8: COPY OF THE APPEAL MEMORANDUM. RESPONDENT'S ANNEXURES : ANNEXURE I: COPY OF THE STATEMENT IN PROFORMA A DATED 16/03/2009. ANNEXURE II: COPY OF THE POSTAL ACKNOWLEDGEMENT. //TRUE COPY// P.S. TO JUDGE rs C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.28355 of 2010 ---------------------------- Dated 28th October, 2010 JUDGMENT The petitioner is the Managing Partner of M/s.Metro Silks, Sarees & Readymade, North Chalakkudy. The provisions of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (in short `the Act') and the Scheme thereunder are made applicable to the petitioner company. Since the petitioner has failed to effect contribution promptly a notice under section 7A of the Act was issued to the petitioner and thereafter Ext.P1 order dated 9.6.2009 was passed. Pursuant to the same, Ext.P5 demand notice was issued and that was followed by Ext.P6 notice for attachment. Feeling aggrieved by Ext.P1 order, the petitioner has preferred an appeal under section 7(1) of the Act before the third respondent. In the said circumstances, apprehending coercive steps pursuant to Exts.P1, P5 and P6 that this writ petition has been filed. 2. When this matter is taken up today, the learned counsel for the petitioner submitted that the petitioner is confining his prayers to one for a direction to the first respondent to keep in abeyance all coercive steps and permit the petitioner to pay the amount covered as per Ext.P1 together with the interest thereon in instalments. 3. I have heard the learned standing counsel appearing for respondents 1 and 2 as well. In the light of the said submission made on WP(C).No.28355/2010 2 behalf of the petitioner, I am inclined to dispose of this writ petition as hereunder:- The first respondent shall keep in abeyance all coercive steps taken pursuant to Ext.P1 order in such a way to enable the petitioner to pay the amount covered as per Ext.P1 together with interest thereon as specified in Ext.P6, in six equal monthly instalments commencing from 15th day of November, 2010. The subsequent instalments shall be paid by the petitioner on or before the 15th day of every succeeding month till the entire amount due is wiped off. It is made clear that in case the petitioner fails to pay the amount in terms of the directions in this judgment, it will be open to the first respondent to proceed with the steps taken as per Exts.P5 and P6. The learned counsel for the petitioner submits that this judgment shall not be worked out to the prejudice of the petitioner in challenging the proceedings that may follow by virtue of the provisions under Sections 7Q and 14B of the Act. it is made clear that this judgment and the payments effected in terms of this judgment shall not affect the rights of the petitioner otherwise available to defend any such proceedings. C.T.RAVIKUMAR Judge TKS