IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 WP(C).No. 4262 of 2009(G) ------------------------------------- PETITIONER(S): -------------------- THE TRICHUR CO-OPERATIVE SPINNING MILLS LTD., VAZHANI P.O., THRISSUR DIST.680 589, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADV. SRI.K.ANAND (A.201) SMT.LATHA KRISHNAN RESPONDENT(S): --------------------- 1. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, SUB REGIONAL OFFICE, BHAVISHYANDHI BHAVAN, P.B. NO. 1895, KALOOR, KOCHI -17. 2. ASST. PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, SUB REGIONAL OFFICE, BHAVISHYANDHI BHAVAN, P.B. NO. 1895, KALOOR, KOCHI -17. SRI.M.CHANDRA BOSE, SC FOR EPF THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 4262 OF 2009 (G) ==================== Dated this the 10th day of February, 2009 J U D G M E N T Heard both sides. 2. The petitioner is a co-operative society registered under the Kerala Co-operative Societies Act, which established a mill called “The Trichur Co-operative Spinning Mills”. In this writ petition, their grievance is regarding the steps taken by the respondents for realising the dues under the Employees Provident Fund and Miscellaneous Provisions Act. 3. According to the petitioner, the period of default is from November, 2007 to September, 2008 and the total amount that is due is Rs.22,61,046/-. It is stated that for reasons beyond their control, the amount could not be remitted and that the mill itself is struggling to survive. It is stated that if coercive action is taken, that will result in the closure of the mill and consequently about 400 employees will be thrown out of employment. 4. On these averments, counsel for the petitioner seeks an instalment facility to discharge the liability and at the same time, to direct the respondents to keep in abeyance Ext.P8 order issued under Section 8F of the Act and Ext.P9 letter threatening to initiate prosecution against the WPC 4262/09 :2 : officials of the mill. 5. Admittedly, default has been committed and the liability is of Rs.22,61,046. Facts show that the mill is facing a severe financial crisis and therefore even if coercive action is pursued in pursuance to Ext.P8 and prosecution is initiated in pursuance to Ext.P9, that might only lead to the closure of the mill and will not in any case result in recovery of the amount due. 6. Therefore, on facts, I am satisfied that in the interest of both parties, it would be better to grant an instalment facility so that the mill will continue to function and thus provide employment to about 400 employees and also will be able to make payment atleast in instalments. 7. Accordingly, the petitioner is permitted to pay the amount of Rs.22,61,046/- in 6 equal monthly instalments, first of which will be payable in the first week of April, 2009 and the subsequent instalments, in the first week of every succeeding month. Subject to payment without any default, it is also directed that Ext.P8 order issued under Section 8F of the Act and Ext.P9 threatening to initiate prosecution against the petitioner's officials of the mill shall be kept in abeyance in the meanwhile. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp