Petitioner’s writ petition for payment of the amounts due in installments under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 is allowed : High Court of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN WEDNESDAY THE 16TH DAY OF MARCH 2022 25TH PHALGUNA 1943 WP(C) NO. 30376 OF 2021 MALABAR MEDICAL COLLEGE HOSPITAL & RESEARCH CENTRE A UNIT OF SREE ANJANEYA MEDICAL TRUST) MODAKKALLUR ULLIYERI KOZHIKODE PIN 673 323 REPRESENTED BY ITS CHAIRMAN V ANILKUMAR ANAGHA LAKSHMY RAMAN EMPLOYEES PROVIDENT FUND ORGANISATION EPFO MINISTRY OF LABOUR AND EMPLOYMENT GOVERNMENT OF INDIA REGIONAL OFFICE BHAVISHYANIDHI BHAVAN ERANHIPALAM P.O KOZHIKODE PIN 673 006. REPRESENTED BY REGIONAL P.F. COMMISSIONER THE REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANISATION REGIONAL OFFICE BHAVISHYANIDHI BHAVAN ERANHIPALAM P.O KOZHIKODE PIN 673 006 THE ASSISTANT PROVIDENT FUND COMMISSION RECOVERY OFFICER) REGIONAL OFFICE BHAVISHYANIDHI BHAVAN ERANHIPALAM P.O KOZHIKODE PIN 673 006 ENFORCEMENT OFFICER EMPLOYEES PROVIDENT FUND ORGANISATION REGIONAL OFFICE BHAVISHYANIDHI BHAVAN ERANHIPALAM P.O KOZHIKODE PIN 673 006 BY ADV ABRAHAM P.MEACHINKARA THIS WRIT PETITION HAVING COME UP FOR ADMISSION ON 16.03.2022 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 30376 OF 2021 ..2 The petitioner is a Medical College hospital and an establishment under the Employees Provident Funds and Miscellaneous Provisions Act 1952NO. 30376 OF 2021 ..3 difficult to agree to those conditions. Accordingly the petitioner has filed this writ petition to quash Ext.P7 letter and Ext.P9 order of the 3rd respondent. The further prayer of the petitioner in the writ petition is for payment of the amounts due in installments. 2. This Court on 28.02.2022 directed the petitioner to deposit an amount of Rs.10 00 000 to show the bona fides of the petitioner. The amount was directed to be paid within one week which was later extended by this Court by order dated 14.03.2022. The petitioner has remitted the said amount on 14.03.2022 3. The limited prayer of the petitioner is for payment of the amount of Rs.87 48 313 in equal monthly installments. 4. Heard Sri.Vinod Bhat the learned Counsel for the petitioner and Sri.Abraham P.Meachinkara the learned Standing Counsel for the respondents. WP(C) NO. 30376 OF 2021 ..4 5. Sri.Vinod Bhat the learned Counsel for the petitioner prays that the petitioner may be permitted to pay the entire dues in 20 equal monthly installments taking note of the financial crunch due to Covid 19 6. Taking note of the fact that the petitioner is not disputing the liability to pay the amount the situation faced on account of the pandemic interest of justice will be met if the petitioner is permitted to pay the amount of Rs.87 48 313 in 16 equal monthly installments commencing from 01.04.2022 after giving credit to Rs.10 00 000 already paid pursuant to the order of this Court. It is so ordered. In case the petitioner defaults in payment of any of the installments as aforesaid the respondents will be free to recover the entire amounts due. In order to facilitate the petitioner to make payments as aforesaid Exts.P7 and P9 proceedings shall WP(C) NO. 30376 OF 2021 ..5 be kept in abeyance. The writ petition is disposed of with the above Sd MURALI PURUSHOTHAMAN JUDGE WP(C) NO. 30376 OF 2021 ..6 APPENDIX OF WP(C) 30376 2021 COPY OF PROCEEDINGS ORDER NO. KR KK 23652 ENF. I(4) 2018 19 4272 DATED 31.08.2018 OF THE 2ND COPY OF LETTER NO. MMC AND RC EPF REQ 2021 DATED 14.07.2021 SENT BY THE PETITIONER TO THE 2ND COPY OF LETTER NO. KR KKD RECOVERY 23652 INSTALLMENT 2021 22 74 DATED 05.10.2021 ISSUED BY 3RD RESPONDENT COPY OF LETTER DATED 12.11.2021 SENT BY THE PETITIONER BY E MAIL TO THE 3RD RESPONDENT2021 22 DATED NIL OF THE 3RD RESPONDENT

Summary: Court allowed the petitioner to pay the total due amount in 16 equal monthly installments, commencing from 01.04.2022 after giving credit to Rs.10,00,000/- already paid, pursuant to the order of the court and was upheld by High Court of Kerala through the learned bench led by HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN in the case of MALABAR MEDICAL COLLEGE HOSPITAL &amp; RESEARCH CENTRE vs EMPLOYEES PROVIDENT FUND ORGANISATION – EPFO (WP(C) NO. 30376 OF 2021) on 16th March, 2022. Brief facts of the case are that the petitioner is a Medical College hospital and an establishment under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952. Since the petitioner had committed default in payment of the contributions under Section 7A of the Act, proceedings under Sections 8B to 8G of the Act were initiated against the petitioner and later, proceedings under Section 8F of the Act were initiated vide Ext.P9. The petitioner submits that as evident from Ext.P7, an amount of Rs.87,48,313/- is still due for payment pursuant to the determination under Section 7A of the Act. The petitioner approached the respondent for payment of the balance amount due in installments. Respondent imposed certain conditions by and the petitioner found it difficult to agree to those conditions. Accordingly, the petitioner has filed this writ petition and prayer of the petitioner in the writ petition is for payment of the amounts due in installments. Learned Counsel for the petitioner states that the petitioner has already deposited an amount of Rs.10,00,000/- to show the bona fides of the petitioner and  prays that the petitioner may be permitted to pay the entire dues in 20 equal monthly installments, taking note of the financial crunch due to Covid-19 pandemic. Taking note of the fact that the petitioner is not disputing the liability to pay the amount, the situation faced on account of the pandemic, the Court decided that interest of justice will be met, if the petitioner is permitted to pay the amount of Rs.87,48,313/- in 16 equal monthly installments, commencing from 01.04.2022, after giving credit to Rs.10,00,000/- already paid, pursuant to the order of this Court. And in case the petitioner defaults in payment of any of the installments as aforesaid, the respondents will be free to recover the entire amounts due.