IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 21ST OCTOBER 2009 / 29TH ASWINA 1931 WP(C).No. 29802 of 2009(U) -------------------------- PETITIONER(S): --------------- M.A.HAROON., PROPRIETOR, M/S. ACADEMY OF MANAGEMENT STUDIES, ESPLANADE, CONVENT JN, KOCHI-11. BY ADV. SRI.JACOB CHACKO RESPONDENT(S): --------------- 1. REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANISATION SUB-REGIONAL OFFICE BAVISHYANIDHI BHAVAN P.B.NO.1895,KALOOR, KOCHI. 2. ASSISTANT PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANISATION SUB-REGIONAL OFFICE BAVISHYANIDHI BHAVAN P.B.NO.1895,KALOOR, KOCHI. 3. P.M.MATHEW, ENFORCEMENT OFFICER' EMPLOYEES PROVIDENT FUND KALOOR, KOCHI-17. ADV. SRI.S.GOPAKUMARAN NAIR, SENIOR ADVOCATE FOR R1-2 SRI.M.CHANDRA BOSE FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2009, THE COURT, ON THE SAME DAY, DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 29802 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 21st October, 2009. J U D G M E N T The petitioner is aggrieved by the proceedings initiated by the 2nd respondent for coercive recovery of amounts allegedly due from the petitioner under the Employees Provident Funds and Miscellaneous Provisions Act. Although the petitioner would contend that the petitioner had not been given any notice or hearing before computing the amounts, the petitioner submits that the petitioner would be satisfied if he is given the facility to pay off the amounts in instalments. 2. This is opposed by the counsel for the respondents who submits that despite several opportunities, the petitioner has not responded to the notices issued by the 2nd respondent in the matter. 3. Having considered the rival contentions, I feel that the respondents can show some leniency to the petitioner in the matter of payment in instalments. Accordingly, the writ petition is disposed of with the following directions. The petitioner shall pay an amount of Rs. 75,000/- within two weeks, which includes employees' share of contributions. The balance amount as per the demand shall be paid in six equal monthly instalments starting from 1-12-2009. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the initial amount and the instalments on the due dates without default, further coercive proceedings for recovery of the amount shall be kept in abeyance. However, if the petitioner commits default in payment of either the initial amount or the W.P.C. No. 29802/09 -: 2 :- instalments on the due dates, it would be open to the respondents to continue proceedings as now initiated to recover the entire amount in a lump sum, without having to issue any fresh notice or proceedings in that regard. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.