IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 23RD MAY 2011 / 2ND JYAIHTA 1933 WP(C).No. 13582 of 2011(W) -------------------------- PETITIONER(S): --------------- M/S.BLUE MOUNT PUBLIC SCHOOL, REPRESENTED BY ITS CHAIRMAN, THONNAKKAL, THIRUVANANTHAPURAM. BY ADV. SRI.SANTHOSH G. PRABHU SRI.S.KANNAN SMT.K.S.SANGEETHA RESPONDENT(S): --------------- 1. ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, BHAVISHYA NIDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695004. 2. EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, REPRESENTED BY ITS REGISTRAR SCOPE MINAR, CORE II, 4TH FLOOR, LAXMI NAGAR DISTRICT CENTRE, LAXMI NAGAR, NEW DELHI-110092. SMT.T.N.GIRIJA SC FOR R1 GOVERNMENT PLEADER SRI.BASANT BALAJI FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.13582 of 2011 ----------------------------------------- Dated this the 23rd May, 2011 JUDGMENT Ext.P5 order passed by the Employees Provident Fund Appellate Tribunal under section 7-O of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (hereinafter referred to as “the Act” for short) waiving deposit of 70% of the amount assessed as per Ext.P2 order and directing the petitioner to pay 30% of the said amount within two months is under challenge in this writ petition. 2. Heard Sri.S.Kannan Nair, learned counsel appearing for the petitioner. The main contention raised by the petitioner is that as the petitioner is facing financial difficulties the direction issued by the Tribunal to pay 30% of the amount assessed by the first respondent is an onerous condition and therefore the petitioner may be exempted from depositing any portion of the amount assessed as per Ext.P2. 3. A reading of Ext.P2 order indicates that the petitioner's establishment is a covered establishment. The only dispute is as W.P(C) NO.13582/2011 -:2:- regards the splitting up of the wages into various components, which according to the first respondent was done for the purpose of evading payment of contribution to the employees provident fund. After hearing the learned counsel appearing for the petitioner and the learned standing counsel appearing for the Employees Provident Fund Organization, I am of the opinion that the order passed by the Tribunal, which is under challenge, does not merit interference. By Ext.P2 the amount demanded from the petitioner is Rs.3,98,125/-. By the impugned order the Tribunal has waived deposit of 70% of the said amount and has directed the petitioner to deposit only 30% of the amount demanded as per Ext.P2. The Tribunal had also granted two months' time to the petitioner to deposit the amount demanded as per Ext.P2. Such being the situation, I find no grounds to entertain this writ petition. The learned counsel appearing for the petitioner submitted that the time fixed by the Tribunal for deposit has already expired on 18.5.2011 and unless the time for payment of 30% of the amount demanded as per Ext.P2 is extended, the Tribunal will dismiss the appeal for non-compliance with Ext.P5 order. The learned standing counsel appearing for the Employees Provident Fund Organization did not oppose the said request. In W.P(C) NO.13582/2011 -:3:- such circumstances even while declining to interfere with Ext.P5 order I deem it appropriate to enlarge the time fixed by the Tribunal in Ext.P5 order for deposit of 30% of the amount demanded in Ext.P2, by a further period of one month from today. I accordingly dispose of the writ petition by enlarging the time fixed in Ext.P5 order for deposit of 30% of the amount demanded in Ext.P2 order, by a further period of one month from today. In all other aspects the impugned order shall stand confirmed. In the event of the petitioner depositing 30% of the amount demanded in Ext.P2 within the extended time, the Tribunal shall hear and dispose of the appeal expeditiously and in any event within six months thereafter. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.13582 of 2011 ---------------------------- JUDGMENT 23rd May, 2011