Handicrafts Development ... vs The Board Of Trustees Employees ...
2021 Latest Caselaw 22619 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                  THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
       FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
                              WP(C) NO. 25807 OF 2021
PETITIONER:

                  HANDICRAFTS DEVELOPMENT CORPORATION OF KERALA LIMITED -
                  P.B.NO.171, PUTHENCHANTHAI, THIRUVANANTHAPURAM 695 001,
                  REP. BY ITS MANAGING DIRECTOR

                  BY ADVS.
                  LATHA ANAND
                  M.N.RADHAKRISHNA MENON
                  K.R.PRAMOTH KUMAR
                  S.VISHNU (ARIKKATTIL)
                  RADHAKRISHNA PILLAI B
                  SIDHARTH P.S.
                  ROHITH MOHAN
                  ARJUN VARMA



RESPONDENTS:

       1          THE BOARD OF TRUSTEES EMPLOYEES PROVIDENT FUND
                  ORGANIZATION
                  REP.BY ITS SECRETARY, BHAVISHYANIDHI BHAVAN, BHIKAIJI
                  CAMA PLACE, NEW DELHI 110 006.

       2          ASSTT. PROVIDENT FUND COMMISSIONER
                  EMPLOYEES PROVIDENT FUND ORGANIZATION, REGIONAL OFFICE,
                  BHAVISHYANIDHI BHAVAN, PATTOM,
                  THIRUVANANTHAPURAM 695 004




                  SC SMT.NITHA.N.S


THIS       WRIT    PETITION   (CIVIL)   HAVING    COME   UP   FOR   ADMISSION   ON
19.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 25807 OF 2021
                                  2


                    BECHU KURIAN THOMAS, J
                   ------------------------
                  W.P.(C)No. 25807 of 2021
                 --------------------------
           Dated this the 19th day of November, 2021


                             JUDGMENT

Petitioner is a Government company. It has fallen in arrears

for payment of the Employees Provident Fund. By Ext.P1 order

interest payable under Section 7Q was quantified and issued

against the petitioner demanding an amount of Rs.13,49,621/-.

Petitioner has no challenge on the merits of the impugned order.

However, the only relief sought for is to grant an instalment facility

for repayment of the amount quantified under Section 7Q.

2. I have heard Adv. Nita N.S, the learned Standing

Counsel for the Employees Provident Fund Organisation (EPFO).

3. Though circumstances do not warrant, any grant of

instalment facility, especially since the order under Section7Q itself

is a quantification of the interest payable, I am of the view that the

nature of organization of the petitioner which gives prime focus for

providing a platform for traditional artisans of Kerala, calls for a

lenient approach to be adopted. An instalment facility to pay the WP(C) NO. 25807 OF 2021

amount will not cause prejudice to the respondent, while it may

provide a platform for the petitioner to support the artisans. The

present situation also warrants a different approach to be adopted.

Hence it is necessary that this Court exercise its jurisdiction under

Article 226 of the Constitution of India to grant an instalment

facility to the petitioner.

4. Accordingly, the amount quantified under Section 7Q as

imposed against the petitioner by virtue of Ext.P1 shall be repaid by

the petitioner in 12 monthly instalments, the first of which shall be

paid on or before 30.11.2021. In the event of default of a single

instalment, the respondents shall be free to proceed against the

petitioner for enforcement of the same.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS

JUDGE AJ/19.11.2021 WP(C) NO. 25807 OF 2021

APPENDIX OF WP(C) 25807/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER DATED 14.9.2021 UNDER SECTION 7Q ISSUED BY THE 2ND RESPONDENT

Exhibit P2 TRUE COPY OF REPRESENTATION DATED 11.10.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

Exhibit P3 TRUE COPY OF THE LETTER DATED 26.10.2021 ISSUED BY THE 2ND RESPONDENT