IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 9TH JULY 2010 / 18TH ASHADHA 1932 WP(C).No. 21367 of 2010(U) ----------------------------------------- PETITIONER(S): ---------------------- P.K.GEORAGE, MANAGING PARTNER, M/S.PPK SONS,KOTHAMANGALAM. BY ADVS. SRI.P.RAMAKRISHNAN SRI.T.C.KRISHNA RESPONDENT(S): ------------------------ THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION,KOCHI-17. R1 BY SRI.S.GOPAKUMARAN NAIR, SENIOR ADVOCATE R1 BY ADV. SRI.M.CHANDRA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.21367 of 2010-U ---------------------------- Dated this the 9th day of July, 2010. J U D G M E N T The petitioner is seeking to quash Exts.P1, P2 and P3, whereby the petitioner has been directed to satisfy huge liability under the relevant provisions of the Employees Provident Fund and Miscellaneous Provisions Act, 1952, for the period in question. 2. The learned counsel for the petitioner submits that, on receipt of Ext.P3 show-cause notice, as to why coercive steps by way of committing the petitioner to civil prison shall not be taken, the position was explained vide Ext.P4 reply pointing out the actual facts and circumstances and seeking for indulgence in this regard. 3. The learned counsel for the petitioner submits that, by virtue of the poor plight of the petitioner, he is not in a position to satisfy the entire amount in lump sum and seeks for breathing time to satisfy the actual dues. 4. The learned standing counsel appearing for the respondent submits that, the actual arrears will come to Rs.38,468/- and the damages under Section 14B is Rs.1,22,111/-. W.P(C) No.21367 of 2010-U 2 It is also brought to the notice of this Court that a further sum of Rs.25,649/- is liable to be cleared by the petitioner by way of interest as provided under Section 7Q. 5. With regard to the proceedings, it is very much evident to note that, no statutory appeal or any review has been filed against Ext.P1/P2 and that they have become final. Similarly, the liability of the petitioner to satisfy the interest under Section 7Q has also become final, since there is no provision for appeal under the statute in this regard. In the above circumstances, this Court finds that the petitioner is liable to satisfy the entire amount. However, taking note of the persuasive submissions made by the learned counsel for the petitioner, this Court finds it fit and proper to permit the petitioner to clear the entire liability in a phased manner. 6. Accordingly, the petitioner is permitted to satisfy Section 7Q interest on or before 30th of July 2010 and the balance amount shall be cleared by way of 'ten' equal monthly instalments; the first of which shall be effected on or before 30th of August; to be followed by similar instalments to be effected on or before the 30th of the succeeding months. If any amount, stated as remitted already by the petitioner, is still to be given credit to, the same shall be W.P(C) No.21367 of 2010-U 3 considered and appropriate credit shall be given. Subject to the above, all further coercive proceedings shall be kept in abeyance for the time being. It is made clear that, if any default is committed by the petitioner in satisfying the due amount as above, it will be open to the respondents to proceed with appropriate steps for realisation of the entire amount in a lump sum. The Writ Petition is disposed of. Sd/- P.R.RAMACHANDRA MENON JUDGE //True Copy// P.A to Judge ab