IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 3RD FEBRUARY 2010 / 14TH MAGHA 1931 WP(C).No. 3545 of 2010(P) --------------------------------------- PETITIONER(S): ------------------------- MANOHAR HILL CHARITABLE TRUST, KANGAZHA, DEVAGIRI P.O., KOTTAYAM, REP. BY ITS MANAGING TRUSTEE VARGHESE PAUL. BY ADV. MR.THOMAS T.VARGHESE RESPONDENT(S): -------------------------- 1. EMPLOYEES PROVIDENT FUND ORGANISATION, SUB REGIONAL OFFICE, KOTTAYAM 686 001, REPRESENTED BY THE ASSISTANT PROVIDENT FUND COMMISSIONER. 2. THE ASSISTANT PROVIDENT FUND COMMISSIONER AND RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANISATION, SUB REGIONAL OFFICE, KOTTAYAM-686 001. R1 & R2 BY ADV. MR. JOY THATTIL ITTOOP, SC, EPF THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.3545 of 2010 ------------------------------------------- Dated this the 3rd day of February, 2010 JUDGMENT The petitioner is a Charitable Trust operating three establishments which are all covered under the provisions of the Employees Provident Funds and Miscellaneous Provisions Act, 1952. With respect to one of the establishments, MGDM Hospital, the contributions were defaulted. Though the establishment had made earnest efforts to clear the defaulted instalments, they were not able to do so. Consequently, the authorities have imposed penal damages and an amount of Rs.3,86,152/- is remaining outstanding. According to the petitioner, all the contribution amounts due have been paid and only the amount imposed as penal damages remain to be cleared. The petitioner prays for permission to pay the amount so payable in 9 monthly instalments. 2. The prayer for instalments is opposed by the Standing Counsel for the Employees Provident Fund Organization Mr.Joy Thattil Ittoop. wpc No.3545/2010 2 3. Considering the fact that the petitioner is a Charitable Organization, that has been functioning for the last many years without giving cause for any complaints and considering also the fact that the other two establishments of the petitioner are not the defaulters in respect of any amount, I feel that a lenient view can be adopted. I also take note of the fact that the entire amount representing the contributions payable both by the employer and employee have been paid by the petitioner and what remains to be paid is only the penal damages. 3. In the above circumstances, this Writ Petition is disposed of directing the respondents to keep in abeyance all coercive action against the petitioner, if the petitioner pays the entire amount of arrears due in six equal monthly instalments starting from the 20th of February 2010. The instalments will be paid without any default and in the event of two consecutive defaults, the respondents will be free to proceed to recover the amount from the petitioners, in accordance with law. K.SURENDRA MOHAN, JUDGE css/