IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 WP(C).No. 11605 of 2008(F) -------------------------- PETITIONER: ------------ M/S. PARAMA BHATTARA KENDRIYA VIDYALAYA, VADAYAMPADY, PUTHENCRUZ REPRSENTED BY ITS SECRETARY-CUM-MANAGER, P.R.MURALEEDHARAN. BY ADV. SRI.BIJU .C. ABRAHAM RESPONDENTS: --------------------- 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR, GOVERNMENT OF INDIA, NEW DELHI. 2. ASSISTANT PROVIDENT FUND COMMISSIONER (ENFORCEMENT), EMPLOYEES PROVIDENT FUND ORGANISATION, SUB REGIONAL OFFICE, BHAVISHYANIDHI BHAWAN, KALOOR, KOCHI-682017. BY SMT. A. SREEKALA – CGC SRI. M. CHANDRA BOSE - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.11605 OF 2008 ---------------------------------------- Dated this the 4th day of April, 2008 JUDGMENT The petitioner is aggrieved by the coercive recovery proceedings initiated by the 2nd respondent for recovery of interest under Section 7Q and damages under Section 14B of the Employees Provident Funds and Miscellaneous Provisions Act, 1952. However, the petitioner now seeks only facility to pay the amounts in instalments. 2. I have heard the learned standing counsel appearing for the Provident Fund organisation as well as the learned Central Government counsel appearing for the 1st respondent. The learned standing counsel appearing for the Provident Fund Organisation opposes the same. He would submit that the orders have been passed after affording an opportunity to the petitioner and therefore, there is no merit in the contentions of the petitioner. 3. After hearing both sides, I feel that some W.P.(c)No.11605/08 2 accommodation can be given to the petitioner in the matter of payment of the amounts demanded in instalments. Accordingly, the writ petition is disposed of with the following directions. The petitioner shall pay the amounts covered by Ext.P1 order within one month. The amount payable as per Ext.P2 shall be paid in five equal monthly instalments starting from 1.6.2008. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the above amount and instalments without any default on the appointed date, recovery proceedings shall be kept in abeyance. However, if the petitioner commits default in payment of any of the amounts as directed above, it would be open to the 2nd respondent to continue recovery proceedings in accordance with law. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.11605/08 3