IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 WP(C).No. 24617 of 2008(E) -------------------------- PETITIONER: ------------ COCHIN MALABAR ESTATES AND INDUSTTRIES LTD., OWNING PULLIKKANAM ESTATE, GROUND FLOOR NGO UNION OFFICE BUILDING, PALLIMUKKU, KOCHI-16, REP. BY ITS EXECUTIBVE DIRECTOR, S.D.BHATTER. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.ANIL D. NAIR RESPONDENTS: ------------- 1. REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANISATION SUB REGIONAL OFFICE, KOTTAYAM-686001. 2. UNION OF INDIA, REP. BY ITS SECRETARY MINISTRY OF LABOUR, CENTRAL SECRETARIAT NEW DELHI-110001. 3. UNION OF INDIA, REP. BY ITS SECRETARY MINISTRY OF COMMERCE AND INDUSTRY, CENTRAL SECRETARIAT, NEW DELHI-110001. BY ADV. SRI.JOY THATTIL ITOOP, SC, EPF ORGANISA FOR R1 SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R2 & 3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 24617 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 14th August, 2008. J U D G M E N T The petitioner is running a Tea Estate. As is common knowledge, over the past ten years, Tea industry in Kerala has been undergoing a very difficult period, which even led to closure of almost all the Tea estates in Kerala. In view of the peculiar situation obtaining in the Tea Industry, the Central Government has decided to extend the benefit of moratorium on recovery of damages in respect of delayed payment of contributions under the Employees Provident Funds and Miscellaneous Provisions Act in respect of Tea estates which remained closed as on 1-4-2007. Unfortunately for the petitioner, the petitioner had reopened the estate prior to 1-4-2007. But the situation in the estate was not any the better than the other estates. In the above circumstances, the petitioner filed Ext. P6 representation before the 3rd respondent seeking a direction to extend the very same benefits as given to the other Tea estates to the petitioner also. The said benefit has been recommended by the Tea Board as well as the Government of Kerala. The petitioner seeks a direction to the 3rd respondent to consider and pass orders on Ext. P6 expeditiously in the light of the recommendations made by the Tea Board and the Government of Kerala and to stay further proceedings for recovery of damages from the petitioner under the Act in the meanwhile. 2. I have heard the learned standing counsel for the Provident Fund Organisation as also the Assistant Solicitor General appearing for respondents 2 and 3. 3. After hearing both sides, I am satisfied that in the peculiar facts and circumstances of the case, the 3rd respondent should give a sympathetic consideration of Ext. P6 in the light of the recommendations made by the Tea Board as well as the Government W.P.C. No. 24617/2008. -: 2 :- of Kerala. This the 3rd respondent shall do within three months from the date of receipt of a copy of this judgment. Till orders are passed on Ext. P6, further proceedings for recovery of any damages from the petitioner for delayed payment of contributions shall be kept in abeyance. The writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.