IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 WP(C).No. 29407 of 2009(U) -------------------------- PETITIONER(S): --------------- LUKE MEMORIAL PUBLIC SCHOOL IRINGOLE PO, PERUMBAVOOR, ERNAKULAM 683 548 REPRESENTED BY ITS MANAGER. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) RESPONDENT(S): --------------- 1. REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT ORGANISATION SUB REGIONAL OFFICE, BHAVISHYANDHI BHAVAN KALOOR, KOCHI-17. 2. ASSISTANT PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT ORGANISATION SUB REGIONAL OFFICE, BHAVISHYANDHI BHAVAN KALOOR,KOCHI-17. BY ADV. SRI.S.GOPAKUMARAN NAIR, SENIOR ADVOCATE SRI.M.CHANDRA BOSE FOR E.P.F. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J ............................................... W.P(C) No. 29407 of 2009 ................................................. Dated this the 19th day of October, 2009 J U D G M E N T The petitioner is a school covered under the Employees Provident Funds and Miscellaneous Provisions Act. The petitioner has been assessed to contributions under Act. Although the petitioner has got a case that the assessment is not proper, in so far as the petitioner had not availed of the statutory remedies in time, the petitioner now confines their relief for permission to pay off the amounts demanded in installment. 2. I have heard the Standing Counsel appearing for the Provident Fund Organisation, who opposes the prayer. 3. Having heard both sides, I am inclined to take a lenient view in the matter. In the above circumstances, I dispose of this writ petition with a direction to the respondents to permit the petitioner to pay the amounts covered by Ext.P8 in ten equal monthly installments starting from 1.11.2009. Every subsequent installment shall be paid on the first working day of every W.P(C) No. 29407 of 2009 -2- succeeding month. If the petitioner pays the installments on due dates without default, further coercive proceedings shall be kept in abeyance. However, if the petitioner commits default in payment of any one installment, it would be open to the respondents to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. S. SIRI JAGAN, JUDGE rhs