IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 WP(C).No. 5933 of 2008(F) ------------------------- PETITIONER: ------------ KOTTAMALAI TEA GARDENS (MMJ PLANTATIONS) MANARKKATTU HOUSE, PALAI, KOTTAYAM, REPRESENTED BY ITS MANAGING PARTNER REJI MICHAEL. BY ADV. SMT.S.K.DEVI SRI.SANTHOSH P.ABRAHAM RESPONDENTS: ------------------ 1. THE ASST.PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANISATION SUB REGIONAL OFFICE, CHALAKUZHI BUILDINGS CMS COLLEGE ROAD, KOTTAYAM 686 001. 2. THE RECOVERY OFFICER EMPLOYEES PROVIDENT FUND ORGANISATION SUB REGIONAL OFFICE, CHALAKUZHI BUILDINGS CMS COLLEGE ROAD, KOTTAYAM 686 001. 3. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, DEPT. OF COMMERCE MINISTRY OF COMMERCE & INDUSTRY UDYOG BHAVAN, NEW DELHI. BY ADV. SRI.JOY THATTIL ITOOP, SC, EPF ORGANISATION ADV. SRI. P. PARAMESWARAN NAIR – ASST. SOL. SRI. C.S. AJITH PRAKASH - CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.5933 OF 2008 ---------------------------------------- Dated this the 20th day of February, 2008 JUDGMENT The petitioner is a Tea Estate, which is stated to be gasping for survival because of the slump in the tea industry in the State. The petitioner submits that even the Central Government has declared a Scheme for rehabilitation of Tea Estates in the Kerala State because of the situation. In the meantime recovery proceedings have been initiated by the Provident Fund Organisation for recovery of amounts due from the petitioner towards contributions under the Employees' Provident Funds and Miscellaneous Provisions Act. In the circumstances the petitioner seeks facility to pay off the amounts in instalments. 2. I have heard the learned standing counsel for the Provident Fund Organisation also who opposes the prayer. 3. In view of the peculiar circumstances in which Tea Estates in the State are in, I am of opinion that the Provident Fund Organisation should give facility to the petitioner to pay off the amounts due in instalments. In the above circumstances, the W.P.(c) No.5933/08 2 writ petition is disposed of with the following directions: The petitioner shall pay an amount of Rs.2 lakhs within three weeks from today. The balance amount shall be paid in 15 equal monthly instalments starting from 1.4.2008. Every subsequent instalment shall be paid on the 1st working day of every succeeding month. If the petitioner pays the initial amount and the instalments in time as also the current dues as and when due, further coercive recovery proceedings shall be kept in abeyance. However, if the petitioner defaults in compliance with any of the above conditions, it would be open to respondents 1 and 2 to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. S. SIRI JAGAN, JUDGE Acd W.P.(c) No.5933/08 3