IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 3RD JULY 2009 / 12TH ASHADHA 1931 WP(C).No. 18610 of 2009(U) -------------------------- PETITIONER(S): --------------- 1. MR.SANTHIKUMAR.G.VED, PROPRIETOR, M/S.ROHIT COTS, PLOT NO.22B/C, INDUSTRIAL DEVELOPMENT PLOT PERINGANDOOR, THRISSUR. 2. MR.DEEPESH S.VED, M/S.ROHIT COTS, PLOT NO.22B/C, INDUSTRIAL DEVELOPMENT PLOT, PERINGANDOOR, THRISSUR. BY ADV. SRI.DEVAN RAMACHANDRAN SRI.K.M.ANEESH RESPONDENT(S): --------------- 1. THE REGIONAL PROVIDENT FUND COMMISSIONER, BHAVISHYANIDHI BHAVAN, P.B.NO.1895, KALOOR, KOCHI. 2. THE ASSISTANT PROVIDENT FUND COMMISSIONER AND RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANISATION, BHAVISHYAINIDHI BHAVAN, P.B.NO.1895, KALOOR, KOCHI. ADV. SRI.S.GOPAKUMARAN NAIR, SENIOR ADVOCATE FOR R1 &2 SRI.M.CHANDRA BOSE FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.18610 of 2009 -------------------------- Dated this the 3rd July,2009 J U D G M E N T Petitioners are admitted defaulters under the EPF & MP Act. Apparently, the establishment which was being run by them has been closed and the workers have been discharged. Second petitioner is the son of the 1st petitioner. Petitioners submit that it is only because of the very stringent financial situation that they are not able to pay the arrears and they are not in a position to pay the dues to the respondents. Learned counsel for the respondents submits that the amounts due would approximate 13.5 Lakhs by way of contribution including the employees' share from November 2004 to May 2009. 2. There cannot be any justification on the part of the petitioners in not even remitting the amount towards employees share. This is not to say that there is justification in not remitting the employer's share. In the facts and circumstances of the case, taking note of W.P ( C) No.18610 of 2009 2 the request made in Ext.P1, petitioners shall be granted a facility to pay the amount due under the EPF Act in instalments. 3. I make it clear that the facility to pay the amounts in instalments will not constitute any expression of opinion on my part on the sustainability of the criminal prosecutions pending against the petitioners. They will have to be independently decided by the concerned Court, in accordance with law. The entire amount shall be payable in seven instalments. First instalment shall comprise of employees' share and same shall be payable on or before 15.9.2009. Remaining amount in equal instalments shall be payable on the 15th of every month. If there is any default in paying anyone of the instalments, this facility shall stand cancelled. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No.18610 of 2009 3 W.P ( C) No.18610 of 2009 4