Mother And Child Hospital vs The Central Board Of Trustees
2022 Latest Caselaw 4669 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
        FRIDAY, THE 22ND DAY OF APRIL 2022 / 2ND VAISAKHA, 1944
                       W.P.(C) NO.14255 OF 2022
PETITIONER:

            MOTHER AND CHILD HOSPITAL, KODAKARA
            REPRESENTED BY ITS PROPRIETOR DR.M.E.SUGATHAN.

            BY ADV. RAJESH NAIR



RESPONDENTS:

    1       THE CENTRAL BOARD OF TRUSTEES,
            EMPLOYEES PROVIDENT FUND ORGANISATION
            REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
            BHAVISHYANIDHI BHAVAN, 14, BHIKAJI CAMA PALACE,
            NEW DELHI, PIN-110 066.

    2       THE REGIONAL PROVIDENT FUND COMMISSIONER-II
            AND RECOVERY OFFICER, REGIONAL OFFICE,
            EMPLOYEES PROVIDENT FUND ORGANISATION,
            KOCHI, PIN-682 017.

    3       THE ENFORCEMENT OFFICER,
            EMPLOYEES PROVIDENT FUND ORGANISATION,
            DELLMA COMPLEX, 2ND FLOOR, SHORNUR ROAD,
            ROUND NORTH, THRISSUR, PIN-680 022.

            ADV. SAJEEV KUMAR K. GOPAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                    -2-
W.P.(C) NO.14255 OF 2022


                               JUDGMENT

The petitioner has approached this Court seeking

direction to permit him to pay the amount demanded in

Ext.P8 order passed by the 2nd respondent in 6 equal monthly

instalments starting from 01st Week of May 2022.

2. I have heard the learned counsel for the petitioner

as well as the learned Standing Counsel for the Employees

Provident Fund Organisation.

3. The learned Standing Counsel upon instruction

submits that the petitioner can be permitted to pay off the

amount due in reasonable monthly instalments.

Therefore, I dispose of the writ petition permitting the

petitioner to pay off the amount demanded as per Ext.P8

order in 6 equal monthly instalments starting from

05.05.2022. In the meantime, all proceedings pursuant to

Exts.P3, P6 and P8 shall be kept in abeyance.

Sd/-

VIJU ABRAHAM JUDGE bpr

W.P.(C) NO.14255 OF 2022

APPENDIX

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF NOTICE ISSUED UNDER SECTION 14B AND 7Q OF EPF AND MP ACT, 1952 (NO.KR/KCH/1534063/DAMAGES/2020 DATED 25/08/2020) ISSUED BY THE RESPONDENTS DATED 15/1/21.

EXHIBIT P2 TRUE COPY OF ORDER PASSED IN APPEAL NO.23 OF 2021 BY THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, ERNAKULAM.

EXHIBIT P3 TRUE COPY OF DEMAND NOTICE (KR/KCH/ 1534063/DO/TCR/EOCKJ/RECOVERY/2022 DATED 22/02/2022) ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P4 TRUE COPY OF REPLY DATED 24/02/2022 SUBMITTED BY THE PETITIONER.

EXHIBIT P5 TRUE COP OF REQUEST DATED 04/03/2022 SUBMITTED BY THE PETITIONER.

EXHIBIT P6 TRUE COPY OF LETTER (NO.KR/KCH/1534063/ RECOVERY/2021-22 DATED 15/03/2022) ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE NOTICE OF DEMAND (NO.KR/KCH/1534063/RECOVERY/2021-22 UNDATED) ISSUED BY THE 2ND RESPONDENT DATED NIL.

EXHIBIT P8 TRUE COPY OF ORDER (NO.KR/KCH/1534063/ 7Q/2020 DATED 15/01/2021 PASSED UNDER SECTION 7Q OF THE EPF AND MP ACT.

EXHIBIT P9 TRUE COPY OF REQUEST DATED 22ND OF MARCH 2022 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS.

EXHIBIT P10 TRUE COPY OF THE EPF CIRCULAR (C-1/MISC./ 2020-21/VOL.I/1112 DATED 15/05/2020) DOWNLOADED FROM ITS WEBSITE WWW.EPFINDIA.GOV.IN.