IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 WP(C).No. 9566 of 2008(L) ------------------------- PETITIONER: ------------ SHAJU THOMAS, PUTHENANGADY GROUP INTERNATIONAL, PUTHENANGADY(H), NAZARETH ROAD, ALUVA. BY ADV. SRI.JESWIN P.VARGHESE RESPONDENTS: ------------- 1. THE EMPLOYEES PROVIDENT FUND ORGANIZATION, REPRESENTED BY THE COMMISSIONER, SUB REGIONAL OFFICE, P.B.NO.1895, KALOOR, COCHIN-17. 2. THE ENFORCEMENT OFFICER, EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, P.B.NO.1895, KALOOR, COCHIN-17. 3. THE SUB INSPECTOR OF POLICE, ALUVA. BY ADV. SRI.S.GOPAKUMARAN NAIR (SR.) G.P. SHRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.9566 of 2008 ================== Dated this the 28th day of March, 2008 J U D G M E N T The petitioner is a defaulter in payment of contributions under the Employees' Provident Funds and Miscellaneous Provisions Act. The respondents have initiated coercive proceedings including arrest and detention of the petitioner. The petitioner challenges the coercive proceedings. 2. The learned Standing Counsel appearing for the Provident Fund Organization stoutly opposes the prayers of the petitioner. 3. I have considered the rival contentions in detail. 4. In so far as no order has been issued to the petitioner under Section 7A of the Act, he cannot challenge the proceedings for recovery based on the orders. In view of the said legal position, the learned counsel for the petitioner seeks indulgence of this court in permitting the petitioner to pay off the amounts in instalments. 5. Considering the facts and circumstances of the case, I feel that some leniency can be shown to the petitioner in the w.p.c.9566/08 2 matter of payment in instalments. Accordingly, the writ petition is disposed of as follows: The petitioner shall pay the amount demanded in ten equal monthly instalments starting from 1.4.2008 till the entire dues are paid off. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the instalments in time without default, further coercive proceedings including the arrest and detention of the petitioner shall be kept in abeyance. However, if the petitioner commits default in payment of any of the instalments, the respondents would be free to continue the proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. It would be open to the petitioner to move the 1st respondent for any remission in the dues payable and the same would be duly considered by the 1st respondent in accordance with law. However, this shall not be an excuse for non-payment of the installments in time. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.9566/08 3