IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 WP(C).No. 29107 of 2011(K) -------------------------- PETITIONER(S): --------------- SREE NARAYANA PUBLIC SCHOOL, VALLIYODE, ANJUMOORTHY P.O., VADAKKENCHERRY, PALAKKAD DISTRICT, REPRESENTED BY THE SECRETARY. BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENT(S): --------------- EMPLOYEES' PROVIDENT FUND ORGANIZATION, SUB-REGIONAL OFFICE, ERANHIPALAM, KOZHIKODE - 673006. REPRESENTED BY THE ASSISTANT PROVIDENT COMMISSIONER. ADV. SRI.THOMAS MATHEW NELLIMOOTTIL,SC, P.F. FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 29107/2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P-1 TRUE COPY OF THE COMMUNICATION DATED 19.09.2005 ISSUED BY THE RESPONDENT TO THE PETITIONER. EXT.P-2 TRUE COPY OF THE JUDGMENT DATED 08.03.2007 PASSED IN WPC NO.7748/2007 ON THE FILE OF THIS HON'BLE COURT. EXT.P-3 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 20.06.2011 ISSUED BY THE RESPONDENT TO THE PETITIONER. EXT.P-4 TRUE COPY OF THE STATEMENT DATED 16.08.2011 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT. EXT.P-5 TRUE COPY OF THE PROCEEDINGS DATED 01.09.2011 FOR PAYMENT OF DAMAGES. EXT.P-6 TRUE COPY OF THE PROCEEDINGS DATED 01.09.2011 ORDERING TO REMIT INTEREST TO THE TUNE OF RS.1,15,636/- RESPONDENTS' EXHIBITS NIL /True Copy/ vps PA to Judge P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 29107 OF 2011 -------------------------- Dated this the 9th day of November, 2011 J U D G M E N T The petitioner is an establishment covered under the provisions of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred as 'the Act' for short). In this writ petition, the petitioner challenges Ext. P5 order dated 1.9.2011 passed by the respondent levying damages under Section 14 (B) of the Act and Ext.P6 order dated 1.9.2011 levying interest under Section 7Q thereof. 2. Though various contentions have been raised, when the writ petition came up for admission hearing today, learned counsel appearing for the petitioner submitted that the petitioner is not desirous of challenging Ext. P5 order in appeal or Ext.P6 order in this Court and therefore the petitioner may be given an opportunity to pay the amount demanded in instalments. The learned counsel submitted that the total amount payable as per Ext.P5 is Rs.2,36,187/- and the amount payable by way of interest in terms of Ext.P6 is Rs.1,15,636/- and that out of the said amount, the petitioner has already WPC No.29107/2011 2 remitted the sum of Rs.30,000/-. The learned standing counsel appearing for the Employees' Provident Fund Organisation did not oppose this request. In such circumstances, I dispose of the writ petition with a direction that in the event of the petitioner remitting the amount demanded in Exts.P5 and P6 orders in six equal monthly instalments commencing from 9th December, 2011, the respondent shall keep in abeyance the steps if any initiated by him to recover the amount demanded therein. Needless to say, if the petitioner commits default in remitting any two consecutive instalments, it will be open to the respondent to take steps to recover the amount due from the petitioner in lump. P.N.RAVINDRAN, (JUDGE) vps WPC No.29107/2011 3