IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 WP(C).No. 19937 of 2011(N) -------------------------- PETITIONER: --------------- CHAKOLAS SPINNIG & WAVING MILLS LTD., POST BOX NO.3, KALAMASSERY-683 104, KALAMASSERY, REPRESENTED BY ITS DIRECTOR, PAUL JOHN CHAKOLA. BY ADV. SRI.E.K.NANDAKUMAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH RESPONDENTS: --------------- 1. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, KALOOR, KOCHI-682017, KERALA STATE. 2. THE RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANIZTION, SUB REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, KALOOR, KOCHI-682017,KERALA STATE. ADV. DR.S.GOPAKUMARAN NAIR, SENIOR ADVOCATE FOR R1-2 SRI.A.RAJASIMHAN,SC,EPF ORGANISATION FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 19937/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE ORDER DATED 17.2.2011 PASSED BY THE 1ST RESPONDENT EXT.P2 : COPY OF THE CHALLAN DATED 4.4.2011 EXT.P3 : COPY OF THE COVERING LETTER DATED 5.4.2011 EXT.P4 : COPY OF THE CHALLAN DATED 5.5.2011 EXT.P5 : COPY OF THE CHALLAN DATED 6.6.2011 EXT.P6 : COPY OF THE DEMAND NOTICE DATED 14.6.2011 EXT.P7 : COPY OF THE LETTER DATED 16.6.2011 EXT.P8 : COPY OF THE LETTER DATED 4.7.2011 EXT.P9 : COPY OF THE CHALLAN DATED 4.7.2011 RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE vps P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 19937 OF 2011 -------------------------- Dated this the 5th day of August, 2011 J U D G M E N T Ext.P6 demand notice dated 14.6.2011 issued by the second respondent demanding payment of the sum of Rs.7,00,000/- within 15 days from the date of service of the notice, is under challenge in this writ petition. The brief facts of the case are as follows: 2. By Ext.P1 order passed on 17.2.2011 the first respondent held the petitioner liable to pay the sum of Rs.8,57,006/- by way of interest under section 7-Q of the Employees Provident Funds and Miscellaneous Provisions Act, 1952, (hereinafter referred to as the Act for short). Under the Act, no appeal lies from an order passed under section 7-Q of the Act. After Ext.P1 order was passed, the petitioner remitted the sum of Rs.1,57,006/- on 4.4.2011. On the next day, the petitioner sent Ext.P3 letter dated 5.4.2011 to the first respondent referring to the said deposit and requesting the first respondent to permit the petitioner to pay the balance amount in 10 equal monthly instalments. Since no reply was received either accepting or rejecting the request in Ext.P3, the petitioner was periodically remitting the sum of Rs.70,000/- per month. Exts.P4 and P5 disclose that on 5.5.2011 and 6.6.2011 respectively the WPC No.19937/2011 2 petitioner had remitted the sum of Rs.70,000/- each towards the amount demanded in Ext.P1. Later on 4.7.2011, as can be seen from Ext.P9, another sum of Rs.70,000/- was also deposited. The petitioner thereafter submitted Ext.P7 letter dated 16.6.2011 requesting the first respondent to permit the petitioner to make the payment in instalments. Later Ext.P6 notice was issued demanding payment of the sum of Rs.7,00,000/- in lump. It is in the background of the above facts that the instant writ petition has been filed challenging Ext.P6 demand notice. In the alternative, the petitioner seeks a direction to the respondents to permit the petitioner to pay the balance amount in 7 equal monthly instalments. 3. When the writ petition came up for admission on 21.7.2011, the learned standing counsel for the Employees Provident Fund organisation was requested to get instructions. When the writ petition came up for further hearing today, the learned standing counsel appearing for the Employees Provident Fund organisation submitted that after giving credit to the various payments already made by the petitioner, as on today, the sum of Rs.4,90,000/- is due from the petitioner by way of interest under section 7-Q of the Act. The learned standing counsel also submitted that having regard to WPC No.19937/2011 3 the fact that the petitioner has been periodically paying various amounts, the Employees Provident Fund Organisation has no serious objection to the petitioner being permitted to pay the balance amount of Rs.4,90,000/- in instalments. Having regard to the fact that the petitioner has been periodically effecting payments, I dispose of the writ petition with a direction that the demand made in Ext.P1 shall not be enforced till 31.12.2011 so as to enable the petitioner to pay the balance amount of Rs.4,90,000/-. If the petitioner does not pay the balance amount of Rs.4,90,000/- either in lump or in instalments on or before 31.12.2011, it will be open to the respondents to realise the amount due in lump. P.N.RAVINDRAN, (JUDGE) vps