IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 WP(C).No. 20856 of 2011(F) ------------------------- PETITIONER : --------------------- M/S.BLUELABS TECHNOLOGY SOLUTIONS PVT. LTD., 17 C, SKYLINE AMITY PARK, BEHIND CHENGAMPUZHA PARK, EDAPPALLY, COCHIN, REP.BY ITS MANAGING DIRECTOR. BY ADVS. SRI.V.B.HARI NARAYANAN SMT. RUBY P. PAULOSE RESPONDENT(S): ------------------------- 1. ASST. PROVIDENT FUND COMMISSIONER (ENFORCEMENT), EMPLOYEES PROVIDENT FUND ORGANIZATION, COCHIN-17. 2. EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB-REGIONAL OFFICE, 36/685 A, BHAVISHYANIDHI BHAVAN, KALOOR, KOCHI-17. R1 & R2 BY ADVS. DR.S.GOPAKUMARAN NAIR, SENIOR ADVOCATE SRI. A. RAJASIMHAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 20856 of 2011(F) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE JUDGMENT IN WP. 30378/2010. EXT.P2 : COPY OF THE 7A PROCEEDINGS DATED 18-5-2011. EXT.P3 : COPY OF THE REQUEST DATED 30-6-2011. EXT.P4 : COPY OF THE LETTER DATED 13-7-2011. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.20856 of 2011 ----------------------------------------- Dated this the 1st August, 2011 JUDGMENT The petitioner is a company registered under the Companies Act, 1956, which was running an establishment to which the provisions of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 were applicable. By Ext.P2 order passed on 18.5.2011 the first respondent directed the petitioner to pay the sum of Rs.12,10,746/- towards contribution to the Employees Provident Fund for the period from September 2009 to July, 2010. The petitioner thereafter submitted Ext.P3 representation dated 30.6.2011 stating that the petitioner will remit the employee's share of contribution by 30th July, 2011 and the balance by the 30th November, 2011 and requested the first respondent for time to pay the amount determined as per Ext.P2. By Ext.P4 letter dated 13.7.2011 the first respondent directed the petitioner to pay the amount immediately to avoid legal action. In the instant writ petition the petitioner seeks an order directing the respondents to grant an opportunity to pay the amount in instalments. W.P(C).No.20856 of 2011 -:2:- 2. When the writ petition came up for hearing today, Sri.V.B.Hari Narayanan, learned counsel appearing for the petitioner, submitted that the petitioner will pay the entire amount in six monthly instalments. Sri.A.Rajasimhan, learned standing counsel appearing for the Employees Provident Fund Organization, did not oppose the request for an opportunity to pay the amount in instalments, but submitted that the petitioner may be directed to pay the employee's share of the contribution in lump and to pay the balance in four equal monthly instalments. In the light of the broad agreement arrived at between the parties I dispose of the writ petition with the following directions:- (i) The petitioner shall, within two weeks from today, deposit with the first respondent towards the amount payable by it under Ext.P2 order the sum of Rs.2,00,000/- (Rupees Two lakhs only). (ii) The petitioner shall pay the balance amount in four equal monthly instalments commencing from 15th September 2011. If the 15th of any English calendar month is a holiday, the payment shall be made on the next working day. (iii) If the petitioner deposits the amount quantified and determined as per Ext.P2 in instalments in the manner indicated W.P(C).No.20856 of 2011 -:3:- above, the first respondent shall inform the petitioner of the amount payable by way of interest on the said amount having due regard to the payments made from time to time. (iv) The petitioner shall, within one month from the date of receipt of the intimation regarding the amount payable by way of interest, pay the same also. (v) It is clarified that if the petitioner complies with the aforesaid directions, the period commencing from the date of Ext.P2 order shall not be treated as the period during which the petitioner was in default. On the other hand, if the petitioner fails to pay any two consecutive instalments it will be open to the respondents to proceed against the petitioner to recover the amount as determined in Ext.P2 in lump and also to levy damages. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.20856 of 2011 ---------------------------- JUDGMENT 1st August, 2011