IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 WA.No. 1918 of 2008 ----------------------------------- AGAINST THE JUDGEMENT IN WPC.23871/2008 Dated 14/08/2008 .................... APPELLANT: PETITIONER: ------------------------------------- SEBASTIAN CHOKKATTU, MANAGING DIRECTOR, MIRA FLORES ESTATE, PADAGIRI, PALAKKAD DISTRICT. BY ADV. SRI.M.P.ASHOK KUMAR RESPONDENTS: RESPONDENTS: ----------------------------------------------- 1. THE EMPLOYEES PROVIDENT FUND APPELLANT TRIBUNAL, NEW DELHI- 110 019. 2. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, BHAVISHYANIDHI BHAVAN, ERANHIPALAM P.O., KOZHIKODE DISTRICT. 3. THE RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANIZATION, BHAVISHYANIDHI BHAVAN, ERANHIPALAM P.O., KOZHIKODE DISTRICT. BY STANDING COUNSEL SRI.THOMAS MATHEW NELLIMOOTIL. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ----------------------------------------------------- W.A.No.1918 of 2008 ---------------------------------------------- Dated, this the 23rd day of September, 2008 JUDGMENT H.L.Dattu, C.J. This writ appeal is directed against the orders passed by the learned Single Judge in W.P.(C) No.23871/2008 dated 14th August, 2008. 2. We have heard Sri.M.P.Ashok Kumar, learned counsel appearing for the appellant and Sri.Thomas Mathew Nellimootil, learned Standing Counsel for the respondents. 3. After arguing the matter for quite some time, the learned counsel for the appellant Sri.M.P.Ashok Kumar, realising the fate of his case, requests us to permit the appellant to pay the interest quantified by the respondents in three equal monthly instalments commencing from the Ist day of October, 2008. 4. In our opinion, if the request of Sri.M.P.Ashok Kumar, learned counsel for the appellant is granted, it would not cause any inconvenience to the respondents. Accordingly we pass the following: W.A.No.1918/2008 -2- Order i). The writ appeal is disposed of. ii). The appellant is granted instalment facility to pay the interest quantified by the respondents under Section 7Q of the Employees' Provident Funds and Miscellaneous Provisions Act, in three equal monthly instalments starting from the Ist day of October, 2008. iii). Any amounts paid by the appellant will be subject to the result of the appeal said to have been filed by the appellant. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE MS