Kerala Transport Company vs Employees Provident Fund ...
2022 Latest Caselaw 11212 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE AMIT RAWAL
   FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944
                        WP(C) NO. 18048 OF 2020
PETITIONER/S:

          M/s KERALA TRANSPORT COMPANY
          YMCA ROAD, KOZHIKODE-673 001, REPRESENTED BY ITS
          MANAGING PARTNER, P.V.CHANDRAN

          BY ADVS.
          C.ANIL KUMAR
          SMT.A.K.PREETHA



RESPONDENT/S:

    1     EMPLOYEES' PROVIDENT FUND ORGANISATION
          REPRESENTED BY THE REGIONAL PROVIDENT FUND
          COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION,
          SUB REGIONAL OFFICE, BHAVAISHYANIDHI BHAVAN,
          ERNAHIPALAM P.O., KOZHIKODE-673 006

    2     CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL
          ERNAKULAM, KARSHAKA ROAD, ERNKAULAM

          BY ADV ABRAHAM P.MEACHINKARA




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18048 OF 2020
                                      2

                                 JUDGMENT

The petitioner has approached this Court seeking the following

reliefs:

I. writ of certiorari or other appropriate writ, order or direction, quashing and setting aside Ext.P1 and P4 orders I. to hold that petitioner is not laible to pay damages, in the absence of intentional act of non-payment of contribution for the period 04/2017 to 04/2018.

II. to hold that the 2nd respondent has not considered the settled legal pronouncement of this Hon'ble Court and the Hon'ble Supreme Court while dismissing Appeal No.240/2018.

2. Learned counsel for the petitioner confines his prayer to pay

the amount assessed under Section 14B and 7Q of the EPF Act only in

installments.

3. Learned counsel for the respondent submits that they have no

difficulty, in case the amount so assessed is paid in reasonable

instalments.

Keeping in view the facts that the petitioner has not challenged

merits of the order, I deem it appropriate to dispose of the writ petition

by directing the petitioner to deposit the amount in six (6) equal

instalments commencing from 15th December, 2022. In case of two

successive defaults, the respondent shall be at liberty to take action, in

accordance with law. Till such time, coercive measures against the

petitioner are ordered to be kept in abeyance.

Sd/-

sab                                               AMIT RAWAL, JUDGE