Suntec Tyres Limited vs Assistant Provident Fund ...
2022 Latest Caselaw 12074 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE AMIT RAWAL
    THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
                        WP(C) NO. 42018 OF 2022
PETITIONER/S:

          SUNTEC TYRES LIMITED
          REPRESENTED BY ITS MANAGING DIRECTOR T.G.
          RAVINDRANATHAN, THUSHARA, MOORKKANIKKARA, KOZHUKULLY
          PO, THRISSUR -680 751.

          BY ADVS.
          P.RAMAKRISHNAN
          PREETHI RAMAKRISHNAN (P-212)
          T.C.KRISHNA
          C.ANIL KUMAR
          ASHA K.SHENOY



RESPONDENT/S:

    1     ASSISTANT PROVIDENT FUND COMMISSIONER
          EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL
          OFFICER, SUB REGIONAL OFFICE, KALOOR, KOCHI -682 017.

    2     CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL,
          ERNAKULAM, K.S.H.B. BUILDING, 8TH FLOOR, PANAMPILLY
          NAGAR, ERNAKULAM - 682 036.

          SC, SAJEEV KUMAR, EPF


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 42018 OF 2022
                                2

                           JUDGMENT

Petitioner has approached this Court seeking directions to

the 1st respondent to allow the petitioner to pay the amount

demanded as per Ext.P2 in 10 equal monthly installments.

2. 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 of Rs.5,32,523/- in six (6) equal monthly instalments

commencing from 3rd January 2023. In case of two successive

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

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

basis of Ext.P2 is ordered to be kept in abeyance.

Sd/-

sab AMIT RAWAL JUDGE WP(C) NO. 42018 OF 2022

APPENDIX OF WP(C) 42018/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF ORDER NO. KR/KCH/15501/PENAL DAMAGES/2021 DATED 7/12/2021 ISSUED BY THE 1ST RESPONDENT.

Exhibit P2 TRUE COPY OF ORDER NO. KR/KCH/15501/PENAL DAMAGES/2021 DATED 7/12/2021 ISSUED BY THE 1ST RESPONDENT UNDER SECTION 7 Q OF THE EMPLOYEES PROVIDENT FUND AND MISCELLANEOUS PROVISIONS ACT 1952.

Exhibit P3 TRUE COPY OF ORDER DATED 23/2/2022 PASSED BY THE 2ND RESPONDENT TRIBUNAL IN APPEAL NO. 21/2022.

Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 29/8/2022 IN WP (C) NO. 9324/2022.

Exhibit P5 TRUE COPY OF REPRESENTATION DATED 12/10/2022 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT