IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 WP(C).No. 18821 of 2007(N) -------------------------- PETITIONER: ------------ M/S. SAHITHYA PRAVARTHAKA CO-OPERATIVE SOCIETY, KOTTAYAM, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.P.V.SURENDRANATH SRI.P.V.DIBU RESPONDENTS: ------------- 1. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, CMS COLLEGE ROAD, KOTTAYAM-1. 2. ASSISTANT PROVIDENT FUND COMMISSIONER & RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANIZATION, KALOOR, KOCHI-17. 3. RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, ERANHIPALAM P.O., CALICUT-673 006. 4. THE EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, SKY LARK BUILDING, NEHRU PLACE, DELHI-110 019. 5. STATE OF KERALA, REPRESENTED BY SECRETARY TO CO-OPERATIVE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.N.SUDHADEVI FOR R5 SRI.S.GOPAKUMARAN NAIR FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 18821/07. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE NOTICE DTD.7.6.07 BY R3. P2. COPY OF THE ORDER DTD.8.3.07 BY R3. P3. COPY OF THE NOTICE DTD.16.1.07. P4. COPY OF THE REQUEST BEFORE R1 DTD.17.1.07. P5. COPY OF THE REPRESENTATION DTD.12.6.02 BEFORE MINISTER FOR CO- OPERATION. P6. COPY OF THE DD TO R1 DTD.31.3.05 FOR 591680/-. P7. COPY OF THE DD DTD.31.3.05. P8. COPY OF THE JUDGMENT IN W.P.C.NO.30392/04 OF THIS COURT. P9. COPY OF THE ORDER DTD.11.8.04. P10. COPY OF THE APPEAL BEFORE R4. P11. COPY OF THE STAY PETITION BEFORE R4. P12. COPY OF THE NOTICE DTD.23.9.04 BY R1. P13. COPY OF THE ORDER DTD.29.3.05. P14. COPY OF THE APPEAL BEFORE R4. P15. COPY OF THE STAY PETITION BEFORE R4. P16. COPY OF THE ORDER DTD.12.7.05. P17. COPY OF THE APPEAL BEFORE R4. P18. COPY OF THE STAY PETITION BEFORE R4. P19. COPY OF THE ORDER DTD.2.8.05. P20. COPY OF THE APPEAL BEFORE R1. P21. COPY OF THE STAY PETITION BEFORE R4. P22. COPY OF THE ORDER DTD.30.9.05. P23. COPY OF THE APPEAL BEFORE R4. P24. COPY OF THE STAY PETITION. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No.18821 of 2007 ================== Dated this the 18th day of August, 2008 J U D G M E N T The petitioner is a society comprised of leading literary personalities of the State as members thereof. The Society has defaulted payment of amounts due under the Employees' Provident Funds and Miscellaneous Provisions Act. Coercive proceedings have been initiated by the Provident Fund Organization, which are under challenge in this writ petition. The only ground put forward by the petitioner is of extreme financial difficulties. They would also submit that the Government has promised to help them by making available funds for payment. Although they would submit that the petitioner and the Government have approached the Provident Fund Organization for waiver of the damages and interest, they do not actually dispute the liability to pay. They only submit that they may be given the facility to pay off the balance amounts in instalments. They also point out that with great difficulty and with the help of the Government, they have been able to pay more than Rs.17 lakhs. In the above circumstances, the petitioner prays that the petitioner may be permitted to pay off the balance amounts due w.p.c.18821/07 2 in instalments of Rs.50,000/- per month. 2. This is opposed by the learned Standing Counsel appearing for the Provident Fund Organization. 3. After hearing both sides, I dispose of this writ petition with the following directions: Respondents 1 to 3 shall permit the petitioner to pay off the balance amount due in instalments at the rate of Rs.75,000/- per month. The first instalment shall be paid on the first working day of October, 2008. Every subsequent instalment shall be paid on the first working day of every succeeding month till the entire dues are cleared off. If the petitioner pays the instalments in time, coercive proceedings shall be kept in abeyance. However, if the petitioner commits default in payment of any of the instalments, it would be open to the respondents to continue the recovery proceedings as per law. I make it clear that this would not stand in the way of the petitioner approaching the Provident Fund Organization for remission of any amount due which shall be considered in accordance with law by the Provident Fund Organization. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.18821/07 3