IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 24TH JULY 2008 / 2ND SRAVANA 1930 WP(C).No. 22306 of 2008(E) -------------------------- PETITIONER: ------------ M/S.AUTOKAST LT.. S.N.PURAM P.O., CHERTHALA, ALAPPUZHA, REP. BY ITS MANAGING DIRECTOR. BY ADV. SRI.K.ANAND (A.201) SMT.LATHA KRISHNAN RESPONDENT: ----------- REGIONAL PROVIDENT FUND COMMISSIONER, REGIONAL OFFICE, BHAVISHYA NIDHI BHAVAN, KALOOR, KOCHI - 17. BY ADV. SRI.M.CHANDRA BOSE FOR R THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.22306 of 2008 ================== Dated this the 24th day of July, 2008 J U D G M E N T The petitioner is a sick industrial company owned by the State of Kerala. According to the petitioner, BIFR is seized of the matter for a revival proposal and a scheme has been framed for the purpose. The petitioner is now aggrieved by the demand for dues under the Employees' Provident Funds and Miscellaneous Provisions Act, in this writ petition. Now the respondent has initiated proceedings for recovery of an amount of Rs.19,30,461/-. The petitioner challenges the correctness of this amount. According to the petitioner, the balance payable is only Rs.12,88,414/-. The petitioner also seeks permission to pay off the amount due in instalments. 2. This is opposed by the learned Standing Counsel appearing Provident Fund Organization. 3. However, since the petitioner is a sick company gasping for survival and the BIFR is trying to revive the company, I am of opinion that some leniency can be shown to the petitioner. Accordingly, the writ petition is disposed of as follows: If the petitioner approaches the respondent with appropriate documents to prove the correctness of their w.p.c.22306/08 2 contention that the amount due is only Rs.12,88,414/- the respondent shall consider the same and pass appropriate orders on Ext.P8 as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment, after affording an opportunity of being heard to the petitioner. In the meanwhile the petitioner shall pay at the rate of Rs.2 lakhs per month till the entire amount due is paid off. The first instalment shall be paid on the first working day of September, 2008. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the instalments in time, coercive proceedings pursuant to Exts.P4 and P6 shall be kept in abeyance. However, if the petitioner commits default in payment of any of the instalments, it would be open to the respondent to continue the proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.22306/08 3