Danny Zacharia Luke vs Assistant Commissioner, ...
2022 Latest Caselaw 2909 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. 8769 OF 2022
PETITIONER:

          DANNY ZACHARIA LUKE,
          AGED 56 YEARS
          THE MANAGER, LUKE MEMORIAL PUBLIC SCHOOL,
          IRINGOLE, PERUMBAVOOR,
          ERNAKULAM DISTRICT - 683 542.

          BY ADV SRI. S. SREEKUMAR (KOLLAM)


RESPONDENTS:

    1     ASSISTANT COMMISSIONER,
          EMPLOYEES PROVIDENT FUND ORGANISATION,
          REGIONAL OFFICE, 36/685 A,
          BHAVISHYANIDHI BHAVAN,
          P.B.NO.1895, KALOOR,
          KOCHI - 682 017.
    2     THE ENFORCEMENT OFFICER,
          EMPLOYEES PROVIDENT FUND ORGANIZATION,
          REGIONAL OFFICE, 36/685 A,
          BHAVISHYANIDHI BHAVAN,
          PB NO.1895, KALOOR,
          KOCHI - 682 017.

          SRI. SAJEEV KUMAR K.GOPAL - SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C) NO.8769 of 2022

                                  2


                             JUDGMENT

The petitioner is the Manager of a school and the

school is covered by the provisions of the Employees'

Provident Funds and Miscellaneous Provisions Act,

1952 (for short 'the Act'). The 2 nd respondent has

issued Ext.P1 for recovery of arrears of the amount

determined under Section 7A of the Act.

2. The learned counsel for the petitioner

submits that since the school was facing certain

financial crisis the petitioner is not in a position to pay

the amount demanded in Ext.P1, in lumpsum.

Therefore, the petitioner has approached the 1 st

respondent to permit the petitioner to remit the

amount in Ext.P1 representation in twenty monthly

installments. The limited prayer of the petitioner is

for a direction to the 1st respondent to consider

Ext.P2.

W.P(C) NO.8769 of 2022

3. Heard the learned counsel for the petitioner

and Sri.Sajeev Kumar K.Gopal, the learned Standing

Counsel for the respondents.

4. In the facts and circumstances of the case

and the submissions made across the Bar, there will

be a direction to the 1st respondent to consider Ext.P2

in accordance with law, within a period of one month

from the date of receipt of copy of this judgment. Till

such time orders are passed, all coercive steps

pursuant to Ext.P1 shall be kept in abeyance.

The writ petition is disposed of with the above

direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SPR W.P(C) NO.8769 of 2022

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 THE TRUE COPY OF THE NOTICE DATED 02.03.2022 BEFORE THE 1ST RESPONDENT. EXHIBIT P2 THE TRUE COPY OF SUBMISSION DATED 24.02.2022 BEFORE THE 1ST RESPONDENT.

     RESPONDENTS EXHIBITS:-     NIL.