Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V TUESDAY, THE 13TH DAY OF FEBRUARY 2024 / 24TH MAGHA, 1945 WP(C) NO. 3227 OF 2024 PETITIONER/S: PRIMAL THOMAS, AGED 49 YEARS, S/O THOMAS KURIAN, PROPRIETOR, EL TE MARINE PRODUCTS, CHANDIROOR, ALAPPUZHA DISTRICT, PIN - 688547 BY ADVS.C.M.EBRAHIMSHOUKATH HUSAINJOBI.A.THAMPI RESPONDENTS: 1 REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION, REGIONAL OFFICE, BHAVISHYA NIDHI BHAVAN, KALOOR, KOCHI, PIN - 682017 2 ASSISTANT PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION, REGIONAL OFFICE, BHAVISHYA NIDHI BHAVAN, KALOOR, KOCHI, PIN - 682017 BY ADV V.JOHN MANI
OTHER PRESENT: SRI SAJEEV KUMAR K GOPAL, SC FOR EPFO THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 3227/2024 2
JUDGMENT
The petitioner states that he is the sole proprietor of M/s. ELTE Marine Products. He has approached this Court seeking the following reliefs: i) issue a writ of mandamus or any other appropriate writ, direction or
order directing the 2nd respondent to consider Exts. P6 and P8
submitted by the petitioner and pass orders thereon within a time limit as stipulated by this Hon’ble Court. ii) issue a writ of mandamus or any other appropriate writ, direction or
order directing the 2nd respondent to grant 20 equated installments to
make the arrears of EPF contributions.
2. I find that the petitioner is running an establishment covered
under the provisions of the Employees Provident Fund and Miscellaneous Provisions Act, 1952, and the schemes framed thereunder. It appears that proceedings were initiated against him for delaying the payment of the amounts, and certain amounts were computed under Sections 14B and 7Q of the Act. He has now been served with Ex.P7 notice dated 17.11.2023 calling upon him to pay a sum of Rs.7,80,374/- towards damages under Section 14B and interest under Section 7Q of the Act. The petitioner is stated to have submitted Ext.P6 and P8 representations before the respondents. Based on these assertions, this writ petition is filed. W.P.(C) No. 3227/2024 3
3. The learned standing counsel appearing for the respondent submitted that proceedings under Sections 14B and 7Q have attained finality, and no purpose would be served by directing the consideration of Exts.P6 and P8.
4. At this stage, the learned counsel appearing for the petitioner
requested that the petitioner be granted an opportunity to remit the amount in installments. Taking note of the impecunious circumstances plaguing the petitioner, I am of the view that the petitioner can be directed to pay the amounts due to the respondent in installments.
5. Resultantly, this writ petition is disposed of, and the following directions are issued:
(i) The petitioner shall approach the 2nd respondent with a
request to inform them of the details of the outstanding amount together with interest. If such a request is made within two weeks from the date of receipt of a copy of this judgment, the 2nd respondent shall forthwith issue a statement in writing detailing the amount due to clear the outstanding dues.
(ii) On receipt of such a statement, the petitioner shall pay the amount shown therein in eight (8) equal monthly W.P.(C) No. 3227/2024 4 installments commencing from 15.3.2024 and continue to pay the same on every successive month until the entire loan is wiped off.
(iii) If the amounts are diligently paid in terms of the directions above, coercive proceedings initiated against the petitioner by the respondents for the realization of the amount shall be kept in abeyance.
(iv) It is made clear that if the petitioner commits default of
any installment, he will lose the benefit of this judgment, and the respondents will be free to continue the recovery proceedings against him from the stage at which they presently stand and recover the entire amount along with interest and other charges. sd/- RAJA VIJAYARAGHAVAN V, JUDGE PS/13/2/24 W.P.(C) No. 3227/2024 5 APPENDIX OF WP(C) 3227/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED NO. 1799/2007 OF THE
SRO, KUTHIATHODE Exhibit P2 TRUE COPY OF THE LICENCE DATED 18/9/2017 ISSUED BY THE AROOR GRAMA PANCHAYAT Exhibit P3 TRUE COPY OF THE FORM NO.5A RETURN OF OWNERSHIP DATED 18.8.2008 SUBMITTED LAY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit 4 TRUE COPY OF THE NOTICE DATED 12-2-2021 ISSUED BY THE FEDERAL BANK LIMITED Exhibit P5 TRUE COPY OF THE NOTICE NO.KR/K CH/15177: DIARY NO RESPONDENTS Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 3-12-2021 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT Exhibit P7 TRUE COPY OF THE NOTICE DATED 17/11/2023 ISSUED BY THE 2ND RESPONDENT Exhibit P8 TRUE COPY OF THE EXPLANATION/REPLY DATED