IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 WP(C).No. 3693 of 2006(M) ------------------------- PETITIONER: ------------ NEW INDIA CERAMICS WORKERS INDUSTRIAL, CO-OPERATIVE SOCIETY LTD., NO.SIND(D) 168, CHERUVANNOOR, FEROKE, KOZHIKODE 673 631. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS: ------------- 1. THER EGIONAL PROVIDENT FUND COMMISSIONER SUB REGIONAL OFFICE, ERANHIPPALAM, KOZHIKODE. 2. THE RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANISATION, SUB REGIONAL OFFICE, ERAHIPPALAM PO. KOZHIKODE 673 006. 3. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, KOZHIKODE. 4. THE STATE OF KERLA, REPRESENTED BY THE CHIEF SECRETARY, THIRUVANANTHAPURAM. BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL,SC, P.F. FOR R1 & 2 SMT.SMITHA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.3693/2006 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE AGREEMENT DATED 26/05/1986. P2 : COPY OF JUDGMENT DATED 02/07/2001 OF THIS HONOURABLE COURT IN OP 19394/01. P3 : COPY OF THE DECISION TAKEN BY THE GENERAL BODY OF THE PETITIONER SOCIETY ON 24/12/2001. P4 : COPY OF THE REPRESENTATION DATED 30/12/2001 SUBMITTED BY PETITIONER. P5 : COPY OF NOTICE DATED NIL, ISSUED FOR SALE OF THE IMMOVABLE PROPERTIES OF THE PETITIONER UNIT, AT THE INSTANCE OF THE SALES TAX AUTHORITIES. P6 : COPY OF THE ORDER EXTENDING THE INTERIM STAY UNTIL FURTHER ORDERS GRANTED BY THIS HONOURABLE COURT IN CMP 46744/02 IN OP 27564/02. P7 : COPY OF REPRESENTATION DATED 10/02/2005. P8 : COPY OF NOTICE DATED 21/09/2005 ISSUED BY EPF AUTHORITIES, THREATENING OF THE SALE OF THE PROPERTIES OF THE PETITIONER'S UNIT. P9 : COPY OF THE LETTER NO.C3/4995/05 DATED 11/011/2005, WRITTEN BY GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, KOZHIKODE TO THE EPF AUTHORITIES, REQUESTING TO REFRAIN FROM THE COERCIVE STEPS. P10 : COPY OF THE SALE NOTICE PUBLISHED BY the EPF AUTHORITEIS IN THE MATHRUBHUMI DAILY DATED 07/01/2006. RESPONDENT'S EXHIBITS R1(a) : COPY OF PETITION FILED BY ERSTWHILE EMPLOYER BEFORE THE RECOVERY OFFICER. R1(b) : COPY OF PROCEEDIGNS OF RECOVERY OFFICER DATED 15/02/2006 IN REPLY TO EXT.R1(a). R1(c) : COPY OF REPRESENTATION DATED 08/07/2005 SUBMITTED BY EMPLOYEES OF THE PETITIONER SOCIETY. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ------------------------- W.P.(C) No.3693 of 2006 --------------------------------- Dated, this the 7th day of August, 2008 J U D G M E N T When the matter was taken up, learned counsel for the petitioner produced proceeding dated 31/10/2007, whereunder decision is taken to settle liabilities of the petitioner, which is a sick industry. Learned counsel for the petitioner submitted that actual arrears of provident fund dues are paid and balance is only interest and damages. Interest is obviously payable for belated payments. However, since petitioner is a sick industry, I feel demand of damages can be quashed, if entire arrears with interest are paid in terms of the settlement. Accordingly, the demand of damages will stand quashed, if entire arrears with interest are paid in terms of the settlement. Recovery will be withheld for payments under the settlement scheme. However, if petitioner does not make payment in terms of the settlement, then recovery can be continued. The writ petition is disposed of as above. (C.N.RAMACHANDRAN NAIR, JUDGE) jg