IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 WP(C).No. 26736 of 2008(G) -------------------------- PETITIONER: ------------ SR.THRESIA M.A., AGED 55 YEARS, PRINCIPAL, SACRED HEART ENGLISH MEDIUM SCHOOL, SANTHI NAGAR, PUTHUPARAMBA, EDARIKODE P.O., MALAPPURAM DISTRICT. BY ADV. SRI.SAKIR.K.H. SRI.TOMY JOHN VETTATH RESPONDENTS: ------------- 1. THE REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION EPF SUB REGIONAL OFFICE, P.B.NO.1806, ERANHIPALAM, CALICUT 673 006. 2. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, EPF SUB REGIONAL OFFICE, P.B.NO.1806 ERANHIPALAM, CALICUT 673 006. 3. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. GOVT. PLEADER SHRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.26736 of 2008 ================== Dated this the 3rd day of September, 2008 J U D G M E N T The petitioner challenges Ext.P4 order passed by the 2nd respondent under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, by which the petitioner has been directed to pay an amount of Rs.1,85,350/- as contributions short paid by the petitioner on account of difference in the rate of contributions adopted. I am of opinion that the petitioner has a right of appeal against Ext.P4 order and therefore, the petitioner has to resort to that remedy first. In the above circumstances, the petitioner seeks instalment facility to pay the amount subject to the right of the petitioner to challenge Ext.P4 in appeal. 2. Accordingly, this writ petition is disposed of with the following directions: The 2nd respondent shall permit the petitioner to pay the amount covered by Ext.P4 in three equal monthly instalments payable on 3.10.2008, 1.11.2008 and 1.12.2008. If the petitioner pays the instalments promptly, coercive proceedings w.p.c.26736/08 2 pursuant to Ext.P4 shall be kept in abeyance. If the petitioner commits default in payment of any one instalment, it would be open to the respondents to proceed further with the recovery proceedings. I also make it clear that such payment would be without prejudice to the right of the petitioner to challenge Ext.P4 in a properly constituted appeal, in which event, such payment would be subject to the result of that appeal. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge