IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 WP(C).No. 10719 of 2009(H) -------------------------- PETITIONER(S): --------------- KANNAPURAM CLAY POT WORKERS CO-OPERATIVE COTTAGE INDUSTRIAL SOCIETY LTD.NO.C.IND (C) 20, REPRESENTED BY ITS SECRETARY, MOTTAMAL, KANNUR-670 331. BY ADV. SRI.P.M.PAREETH SRI.MOHAMMED SHAMEEL RESPONDENT(S): --------------- 1. ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, SUB REGIONAL OFFICE, P.B.NO.117 FOR BUILDING, V.K.COMPLEX, KANNUR-670 001. 2. EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, NEW DELHI. SC SRI. THOMAS MATHEW NELLIMOOTTIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.10719 OF 2009 ------------------------ Dated this the Ist day of April, 2009. JUDGMENT According to the petitioner, by Ext.P1 order they were levied damages as provided under Section 14-B of the Employees Provident Fund and Miscellaneous Provisions Act. It is stated that Ext.P2 appeal has been filed by them against Ext.P1 order and that in this writ petition among the prayers made one of the prayer is to direct the 2nd respondent to dispose of Ext.P2 on an expeditious basis. 2. Having heard the standing counsel for the respondent I direct that Ext.P2 appeal be disposed of with notice to the petitioner as expeditiously as possible and at any rate within 3 months from the date of receipt of the copy of the judgment. 3. The second prayer made by the petitioner concerns Ext.P3, an order passed by the first respondent levying WP(c).N0.10719/09 2 Rs.2,82,875/- on the petitioner. Explaining the financial constraints the petitioner prays that it be permitted to pay the aforesaid amount in instalments. 4. I heard the Standing counsel appearing for the respondent on this issue and he has strongly opposed the prayer. Irrespective of the objections made, having regard to the financial constraints, I am inclined to think that the petitioner will be given an instalment facility to discharge the liability. 5. Therefore, having regard to the submissions made, I direct that the amount due under Ext.P3 including interest, shall be paid by the petitioner in six equal monthly instalments, the first of which shall be paid on or before the 15th April, 2009 and the subsequent instalments on or before 15th of every succeeding month. It is further directed that further proceedings pursuant to Ext.P1 will be kept in abeyance till the disposal of Ext.P2 appeal. In so far as Ext.P3 is concerned it is directed that WP(c).N0.10719/09 3 subject to payment as above, coercive proceedings will be kept in abeyance and in case of default is committed, it will be open to the respondents to continue with the proceedings already initiated. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WP(c).N0.10719/09 4