IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 RP.No. 846 of 2009() {IN WA.1197/2009 OF THIS COURT} .................... REVIEW PETITIONER(S): APPELLANT ------------------------------------------ HOPE PLANTATIONS, (A DIVISION OF PODDAR UDYOG LTD), GLENMARY ESTATE, PEERUMEDU, IDUKKI, HAVING ITS REGISTERED OFFICE AT 31, B B D BAGH, HONKONG HOUSE, CALCUTTA-700 001, REP.BY ITS AUTHORISED SIGNATORY, MR.K.BABU. BY ADV. SRI.V.B.HARI NARAYANAN RESPONDENT(S): RESPONDENTS ------------------------------------- 1. THE REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANISATION, CHALAKUZHY BUILDINGS, CMS COLLEGE ROAD, KOTTAYAM-686001. 2. ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, S.R.O, C.M.S.COLLEGE ROAD, KOTTAYAM-686001. RP.No. 846 of 2009 :: 2 :: 3. THE RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANISATION, S.R.O, C.M.S.COLLEGE ROAD, KOTTAYAM-686001. 4. LIFE TIME REALTY PVT.LTD., 423-426, THE MALL, LAXMI ESTATE, LINK ROAD, ANDHERI (W), MUMBAI-400 053. R1 TO R3 BY ADV. SRI.JOY THATTIL ITOOP, SC, EPF ORGANISATION R4 BY ADV. SRI.S.EASWARAN THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 23/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. -------------------------------------- R.P.No.846 of 2009 in W.A.No.1197 of 2009 -------------------------------------- Dated this the 23rd day of November, 2009 O R D E R Kurian Joseph, J. This review petition is at the instance of the writ appellant. The issue pertains to the steps taken by the Provident Fund Organisation for recovery of the dues, including interest. 2. The writ appeal was disposed of permitting the appellant to move the Central Board of Trustees in the matter of waiver of damages. It was also held therein that the dues by way of interest will be paid in 24 equal monthly instalments. There was a direction to clear the dues in six equal monthly instalments. There was a default clause wherein it was made clear that in the event of default of any two consecutive instalments, either in the matter of principal or in the matter of interest, it is open to the respondents to proceed with the recovery by coercive steps, as proposed in Ext.P6. In case the R.P.No.846 of 2009 in W.A.No.1197 of 2009 :: 2 :: dues are thus cleared, the understanding was that the criminal cases will not be pursued by the Organisation. 3. The review petitioner apprehends that, despite the judgment as above, criminal proceedings in 139 cases now pending before the Judicial Magistrate of the First Class-I and Judicial Magistrate of the First Class-II, Peerumedu will be continued. 4. By interim order dated 28.8.2009, we have stayed the trial of those cases. We make it clear that those cases may be taken up, only if moved by the Provident Fund Organisation, on any default being committed by the review petitioner, as stated in the judgment in the writ appeal. The review petition is disposed of as above. Sd/- (KURIAN JOSEPH) JUDGE Sd/- (C.T.RAVIKUMAR) JUDGE SK/- //true copy// P.S. to Judge.