IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930 WP(C).No. 35002 of 2008(P) --------------------------------------- PETITIONER: ------------------- HOPE PLANTATIONS WORKERS WELFARE SOCIETY, PEERUMEDU, REPRESENTED BY ITS PRESIDENT, GLANMERY ESTATE, PEERUMEDU. BY ADVS. MR.T.A.UNNIKRISHNAN, MR.P.P.BIJU. RESPONDENTS: ------------------------ 1. THE RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANIZATION, S.R.O. CMS COLLEGE ROAD, KOTTAYAM. 2. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, S.R.O. CMS COLLEGE ROAD, KOTTAYAM. 3. HOPE PLANTATIONS (A DIVISION OF PODDAR UDYOG LTD), GLANMERY ESTATE PEERUMEDU, IDUKKI REPRESENTED BY ITS MANAGER. R1 & R2 BY ADV. MR.JOY THATTIL, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2009,ALONG WITH W.P.(C) NO. 35106 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. ANTONY DOMINIC,J. ----------------------- W.P.(C).Nos. 35002/08 & 35106/08 ------------------------ Dated this the 18th day of February, 2009. JUDGMENT In WP(c).Nos.35106/08 and 35002/08, the management and the workers of the estates are challenging the recovery proceedings initiated by the Employees Provident Fund Department for realizing its dues, which is more than Rs.6 crores. Admittedly, the management is at default and in fact this court by order dated 27.11.2008 granted a stay on condition that the petitioner remits Rs.50 lakhs within two months. Not only that this order was not complied with, but even the instalment facility to pay this amount also has not been complied with. In view of the admitted fact that the establishment is a defaulter and in view of the provisions contained in the Employees Provident Fund and Miscellaneous Provisions Act, 1952, I do not find any fault with the respondents for the action that they have taken. Writ Petition fails and is dismissed. (ANTONY DOMINIC, JUDGE) JUDGE vi/