Malabar Medical College Hospital ... vs Employees Provident Fund ...
2022 Latest Caselaw 2869 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
    WEDNESDAY, THE 16TH DAY OF MARCH 2022 / 25TH PHALGUNA, 1943
                        WP(C) NO. 30376 OF 2021
PETITIONER:

          MALABAR MEDICAL COLLEGE HOSPITAL & RESEARCH CENTRE,
          (A UNIT OF SREE ANJANEYA MEDICAL TRUST),
          MODAKKALLUR, ULLIYERI, KOZHIKODE, PIN 673 323,
          REPRESENTED BY ITS CHAIRMAN V ANILKUMAR.

          BY ADVS.
          S.VINOD BHAT
          ANAGHA LAKSHMY RAMAN
          GREESHMA CHANDRIKA.R



RESPONDENT/S:

    1     EMPLOYEES PROVIDENT FUND ORGANISATION - EPFO,
          MINISTRY OF LABOUR AND EMPLOYMENT,
          GOVERNMENT OF INDIA, REGIONAL OFFICE,
          BHAVISHYANIDHI BHAVAN, ERANHIPALAM P.O,
          KOZHIKODE , PIN 673 006.,
          REPRESENTED BY REGIONAL P.F. COMMISSIONER.

    2     THE REGIONAL PROVIDENT FUND COMMISSIONER,
          EMPLOYEES PROVIDENT FUND ORGANISATION,
          REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, ERANHIPALAM
          P.O, KOZHIKODE , PIN-673 006

    3     THE ASSISTANT PROVIDENT FUND COMMISSION,
          (RECOVERY OFFICER), REGIONAL OFFICE
          BHAVISHYANIDHI BHAVAN, ERANHIPALAM P.O,
          KOZHIKODE, PIN 673 006.

    4     ENFORCEMENT OFFICER,
          EMPLOYEES PROVIDENT FUND ORGANISATION,
          REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN,
          ERANHIPALAM P.O, KOZHIKODE, PIN 673 006.

          BY ADV ABRAHAM P.MEACHINKARA

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 30376 OF 2021       ..2..




                     JUDGMENT

The petitioner is a Medical College hospital and an

establishment under the Employees' Provident Funds and

Miscellaneous Provisions Act, 1952 (hereinafter referred

to as the 'Act' for short). Since the petitioner had

committed default in payment of the contributions under

Section 7A of the Act, proceedings under Sections 8B to

8G of the Act were initiated against the petitioner and

later, proceedings under Section 8F of the Act were

initiated vide Ext.P9. The petitioner submits that as

evident from Ext.P7, an amount of Rs.87,48,313/- is still

due for payment pursuant to the determination under

Section 7A of the Act. The petitioner approached the

respondent for payment of the balance amount due in

installments. However, the 1st respondent imposed

certain conditions by Ext.P3 and the petitioner found it WP(C) NO. 30376 OF 2021 ..3..

difficult to agree to those conditions. Accordingly, the

petitioner has filed this writ petition to quash Ext.P7

letter and Ext.P9 order of the 3 rd respondent. The further

prayer of the petitioner in the writ petition is for payment

of the amounts due in installments.

2. This Court, on 28.02.2022 directed the petitioner

to deposit an amount of Rs.10,00,000/- to show the bona

fides of the petitioner. The amount was directed to be

paid within one week, which was later extended by this

Court by order dated 14.03.2022. The petitioner has

remitted the said amount on 14.03.2022.

3. The limited prayer of the petitioner is for payment

of the amount of Rs.87,48,313/- in equal monthly

installments.

4. Heard Sri.Vinod Bhat, the learned Counsel for the

petitioner and Sri.Abraham P.Meachinkara, the learned

Standing Counsel for the respondents.

WP(C) NO. 30376 OF 2021 ..4..

5. Sri.Vinod Bhat, the learned Counsel for the

petitioner prays that the petitioner may be permitted to

pay the entire dues in 20 equal monthly installments,

taking note of the financial crunch due to Covid-19

pandemic.

6. Taking note of the fact that the petitioner is not

disputing the liability to pay the amount, the situation

faced on account of the pandemic, interest of justice will

be met, if the petitioner is permitted to pay the amount of

Rs.87,48,313/- in 16 equal monthly installments,

commencing from 01.04.2022, after giving credit to

Rs.10,00,000/- already paid, pursuant to the order of this

Court. It is so ordered. In case the petitioner defaults in

payment of any of the installments as aforesaid, the

respondents will be free to recover the entire amounts

due. In order to facilitate the petitioner to make

payments as aforesaid, Exts.P7 and P9 proceedings shall WP(C) NO. 30376 OF 2021 ..5..

be kept in abeyance.

The writ petition is disposed of with the above

directions.

Sd/-

                          MURALI PURUSHOTHAMAN
                                  JUDGE
SB/16/03/2022
 WP(C) NO. 30376 OF 2021      ..6..



              APPENDIX OF WP(C) 30376/2021

PETITIONER EXHIBITS

Exhibit P1 COPY OF PROCEEDINGS/ORDER NO. KR/KK/23652/ENF.

I(4)/2018-19/4272 DATED 31.08.2018 OF THE 2ND RESPONDENT.

Exhibit P2 COPY OF LETTER NO. MMC AND RC/EPF-REQ/2021 DATED 14.07.2021 SENT BY THE PETITIONER TO THE 2ND RESPONDENT.

Exhibit P3 COPY OF LETTER NO.

KR/KKD/RECOVERY/23652/INSTALLMENT/2021-22/74 DATED 05.10.2021 ISSUED BY 3RD RESPONDENT.

Exhibit P4 COPY OF LETTER DATED 12.11.2021 SENT BY THE PETITIONER BY E-MAIL TO THE 3RD RESPONDENT (WITH ENCLOSURE).

Exhibit P5 COPY OF LETTER NO. MMC & RC/LTR-EPF/DM-2021 DATED 12.11.2021 SENT BY THE PETITIONER TO 4TH RESPONDENT.

Exhibit P6 COPY OF LETTER NO. MMC&RC/LTR-EPF/7A 2021 DATED 15.11.2021 SENT BY THE PETITIONER TO TH2 2ND RESPONDENT.

Exhibit P7 COPY OF LETTER NO.

KR/KKD/RECOVERY/23652/INSTALLMENT/2021-22 DATED 01.12.2021 SENT BY THE 3RD RESPONDENT.

Exhibit P8 COPY OF CERTIFICATE DATED 15.05.2021 ISSUED BY DISTRICT COLLECTOR, KOZHIKODE.

Exhibit P9 COPY OF ORDER NO. KR/KKD/23652/RECOVERY/ENG. S(4) 2021-22 DATED NIL OF THE 3RD RESPONDENT.