IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 WA.No. 1197 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.12413/2009 Dated 25/05/2009 .................... APPELLANT(S): PETITIONER ------------------------ HOPE PLANTATIONS,(A DIV,OF PODDAR UDYOG LTD)GLENMARY ESTATE,PEERMADE,IDUKKI HAVING ITS REGISTERED OFFICE AT 31,B B D BAGH,HONGKONG HOUSE, CALCUTTA-700 001 REP BY ITS AUTHORISED SIGNATORY, MR.K.BABU. BY ADV. SRI.V.B.HARI NARAYANAN RESPONDENT(S): --------------- 1. THE REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANISATION,CHALAKUZHY BUILDINGS,CMS COLLEGE ROAD,KOTTAYAM-686001. 2. ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION,S.R.O, C.M.S.COLLEGE ROAD, KOTTAYAM-686001. 3. THE RECOVERY OFFICER,EMPLOYEES PROVIDENT FUND ORGANISATION,S.R.O,C.M.S.COLLEGE ROAD, KOTTAYAM-686001. *ADDL.R4 IMPLEADED: 4. LIFE TIME REALTY PVT.LTD., 423-426, THE MALL, LAXMI ESTATE, LINK ROAD, ANDHERI (W) MUMBAI 400 053 *ADDL. R4 IS IMPLEADED AS PER ORDER DT.10/7/09 IN IA 655/09 IN THIS W.A. ADV. SRI.JOY THATTIL ITOOP, SC, EPF ORGANISA FOR R SRI.S.EASWARAN FOR ADDL.R4 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ----------------------------------------- W.A.No.1197 of 2009 ----------------------------------------- Dated this the 14th day of August, 2009 JUDGMENT Kurian Joseph,J. Appellant is the petitioner in the writ petition. The writ petition was filed challenging the coercive steps taken by the respondents to realise the contribution, interest and damages to the Employees Provident Fund. The learned single Judge dismissed the writ petition granting only liberty to seek for payment of the dues in instalments. When the writ appeal came up before us, we passed an order dated 23-6-2009 permitting the appellant to find out a purchaser so that through private sale the dues to the Provident Fund can be paid. The appellant has now made a proposal that the dues as on date can be paid in six instalments. The proposals are submitted in the form of a memo dated 14-8-2009 filed by the counsel. The terms proposed are as follows:- 1. The appellant undertakes to remit the actual dues including arrears as on date in 6 instalments. The 1st instalment of Rs.50,00,000/- shall be paid on or before 15th of October 2009. The balance amount after deducting the remittances already made by the appellant as per various orders of this Hon'ble Court shall be paid in 5 equal monthly instalments starting W.A.No.1197 of 2009 -:2:- from 1st December 2009. 2. The interest payable under Section 7Q shall be paid in 36 equal monthly instalments. 3. The appellant shall submit a result before the Central Board of Trustees for 100% waiver of damages assessed under Section 14 (B) within a period of 4 weeks from today. The Central Board of Trustees, New Delhi may be directed to consider the same sympathetically and favourably after giving an opportunity of being heard to the appellant and pass favourable orders within a further period of 2 months. 4. All the prosecution proceedings initiated against the Company and its Directors shall be withdrawn upon receipt of the payments as mentioned above. In the meanwhile the proceedings now pending before the Judicial 1st Class Magistrate Court I, Peerumedu shall be kept in abeyance. Having regard to the proposals and having heard the learned counsel appearing for the Organisation we feel that the request for payment of interest in 36 instalments is unreasonable. Therefore, we permit the appellant to pay the up-to-date dues in six monthly instalments, the first instalment shall be paid on or before 15-10-2009 and thereafter the balance in five equal monthly instalments starting from 1st December 2009. The dues shall be paid before the 10th of every month. The dues by way of interest shall be paid in 24 equal monthly instalments starting from the month of October 2009. The appellant is permitted to move the Central Board of Trustees in the matter of waiver of damages. In the event of such a representation being filed within a W.A.No.1197 of 2009 -:3:- period of one month from today, the same shall be considered by the Central Board of Trustees with notice to the appellant within another three months. It is made clear that until a decision is taken as above, subject to the petitioner filing the representation, there shall be no levy of damages under Section 14-B. We record the submission made on behalf of the respondents that on clearing the dues, the criminal cases will be withdrawn. The writ appeal is disposed of as above. We make it clear that in the event of default of any two consecutive instalments, either in the matter of principal or in the matter of interest, it will be open to the respondents to proceed with the recovery by coercive steps as proposed in Ext.P6. The appellant will produce a copy of this judgment along with the representation before the Central Board of Trustees. (KURIAN JOSEPH, JUDGE) (C.T.RAVIKUMAR, JUDGE) ahg. KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. --------------------------- W.A.No.1197 of 2009 ---------------------------- JUDGMENT 14th August, 2009