IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 6TH DECEMBER 2010 / 15TH AGRAHAYANA 1932 WP(C).No. 34679 of 2010(H) -------------------------------------- PETITIONER: ------------------- BETTY JOSEPH, (MANAGING PARTNER, METRO SILKS & SAREES, MUVATTUPUZHA), MUNDADAN HOUSE, KIDANGOOR P.O., ANGAMALY, ERNAKULAM DISTRICT. BY ADV. SRI.WILSON URMESE. RESPONDENT: ---------------------- THE ASST.PROVENT FUND COMMISSIONR & RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, KALOOR, KOCHI-682 017. ADV. DR.S.GOPAKUMARAN NAIR, SENIOR ADVOCATE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.34679 of 2010 ---------------------------------------- Dated 6th December, 2010 JUDGMENT The petitioner who was the Managing Partner of M/s. Metro Silks & Sarees, Muvattupuzha filed this writ petition challenging Exts.P1, P3 and P4. The further prayer is for issuance of a writ of prohibition prohibiting the respondent from initiating any recovery proceedings against the properties/assets of the petitioner till his request for instalment facility is considered. The fact is that against the order passed under section 7A of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 the petitioner has not preferred any appeal and the said order has become final. Therefore, in this proceedings the petitioner cannot legally raise any grievance against the action initiated by the respondents for recovery of the amount determined as the contribution payable. An amount of Rs.1,51,530/- is payable by the petitioner towards the Employees' Provident Fund contribution. Considering ground `C' and also prayer No.3, this writ petition is disposed of as hereunder:- The respondent shall keep in abeyance all coercive steps for recovering the aforesaid amount to enable the petitioner to pay off the amount demanded in ten equal monthly instalments commencing from WP(C).No.34679/2010 2 the first week of January, 2011. The balance instalments shall be paid by the petitioner on or before the 5th day of every succeeding months. It is made clear that in case the petitioner makes any default in making the payment as directed above, it will be open to the respondent to proceed with the recovery proceedings already initiated against the petitioner. Sd/- C.T.RAVIKUMAR Judge TKS // True copy // P.S. to Judge