IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 WP(C).No. 995 of 2007(R) ------------------------ PETITIONER(S): --------------- THANIKKUDAM BHAGAVATHI MILLS LTD., THANIKKUDAM, KURICHIKKARA (P.O.), THRISSUR, REP.BY ITS OFFICE MANAGER, K.K.CHANDRAN. BY ADV. SRI.K.K.JOHN SRI.BROSE JOSEPH NEELIYARA RESPONDENT(S): --------------- 1. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, KALOOR, ERNAKULAM, KOCHI- 682 017. 2. THE ASSISTANT PROVIDENT FUND, COMMISSIONER & RECOVERY OFFICER, P.B.NO.1895, KALOOR, KOCHI- 682 017. ADV. SRI.S.GOPAKUMARAN NAIR, SC, P.F. FOR R1 BY SC FOR PF SRI. CHANDRABOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.995 OF 2007 ------------------------ Dated this the 29th day of September, 2009. JUDGMENT Petitioner seeks to resist recovery of provident fund dues on the ground that it is a sick industrial company and that a reference made to the BIFR under the provisions of the Sick Industrial Companies (Special Provisions) Act, 1985 is pending. On this ground it is urged that the company is entitled to protection of section 22 of the said Act and therefore the provident fund liability cannot be recovered. 2. In my view the protection extended under Section 22 of the Act providing for suspension of legal proceedings will not enable the petitioner to resist recovery of provident fund dues from the industrial company and it has been so held in M/S. Ralliwolf(I) Ltd. V. The Regional Provident Fund Commissioner ( 2001 lLJ 1423 Bomb. ). 3. In view of the above, there is no merit in the writ Petition. Writ Petition fails and is dismissed. (ANTONY DOMINIC) JUDGE vi/