Niveditha Vidya Peedom vs Regional Provident Fund ...
2023 Latest Caselaw 2989 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
     THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
 MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944

                  WP(C) NO. 8439 OF 2023
PETITIONER/S:

           NIVEDITHA VIDYA PEEDOM
           THOTTUNGAL, RAMANATTUKARA, KOZHIKODE,
           REPRESENTED BY ITS SECRETARY -PRATHEESH P, PIN - 673633

           BY ADVS.
           R.JAIKRISHNA
           NARAYANI HARIKRISHNAN
           T.G.MADHAVANUNNI
           C.S.ARUN SHANKAR
           ANISH P.

RESPONDENT/S:

    1      REGIONAL PROVIDENT FUND COMMISSIONER
           EMPLOYEES PROVIDENT FUND ORGANISATION,
           REGIONAL OFFICER, ERANHIPALAM,
           KOZHIKODE, PIN - 673006

    2      ASSISTANT PROVIDENT FUND COMMISSIONER
           EMPLOYEES PROVIDENT FUND ORGANISATION,
           REGIONAL OFFICE, ERANHIPALAM,
           KOZHIKODE, PIN - 673006

           DR ABRAHAM P MAECHINKARA SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP          FOR
ADMISSION ON 13.03.2023, THE COURT ON THE SAME          DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 8439 OF 2023

                                          2



                                   JUDGMENT

The petitioner, Niveditha Vidya Peedom is a school run by a Private

Management. The School is an establishment covered by the provisions

of the Employees Provident Fund and Miscellaneous Provisions Act, 1952,

and the schemes framed thereunder. Proceedings under Section 7A of

the Act were initiated against the petitioner for assessment of dues for

the period from July 2018 onwards. By Exhibit-P1 assessment order, the

petitioner was assessed to a sum of Rs.10,45,252/- towards dues to the

respondent. The grievance of the petitioner is that due to financial

stringencies, they are not in a position to pay the amounts. The

petitioner states that coercive proceedings have now been initiated on

27.02.2023 directing the petitioner to pay the outstanding dues towards

the 7A contribution. It is in the afore circumstances that this writ petition

is filed seeking the following reliefs:

(i) Call for the records of the case leading to Ext Pl order and quash the same by issue of an appropriate writ or order in the nature of certiorari;

(ii) Direct the respondents to enable the petitioner to clear the outstanding dues of Rs. 10,45,252/- towards the Employees' Provident Fund Contribution of the petitioner for the period July 2018 and April 2019 to November 2021 in l2 equal monthly installments commencing from 1.4.2023.

WP(C) NO. 8439 OF 2023

(iii) Issue a writ of mandamus or other appropriate writ or order forbearing the respondents from pursuing any coercive recovery proceedings against the petitioner pursuant to Ext Pl order;

2. Sri. Jaikrishna, the learned counsel appearing for the

petitioner, submits that the limited request at this stage is for a grant of

twelve installments to clear off the amount.

3. Sri. Abraham Maechinkara, the learned standing counsel

appearing for the respondent, very vehemently opposed the submission.

4. I have considered the submissions advanced. Considering

the fact that the petitioner is a school and the impecunious

circumstances which are stated to be plaguing the school, I am of the

view that the petitioner can be permitted to clear the dues to the 1st

respondent in installments.

5. In the result, this writ petition is disposed of on the following

terms:

i) The petitioner shall produce the certified copy of this

judgment before the respondents within two weeks from

today.

WP(C) NO. 8439 OF 2023

ii) The respondents shall grant '12 equal monthly

installments', and the first installment shall be payable on

01.04.2023.

iii) The recovery proceedings shall be kept in abeyance if the

petitioner continues to pay the amounts as ordered by this

Court without any default.

iv) On the petitioner committing default of payment of any

two installments, the respondents may recommence the

recovery proceedings.

v) If any amount towards interest is due, the respondents

shall inform the petitioner before the payment of the 12th

installment is made, and the petitioner will be bound to

clear the same within a period of 30 days.

vi) No request for further extension shall be entertained.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE avs WP(C) NO. 8439 OF 2023

APPENDIX OF WP(C) 8439/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 1.9.2022.

Exhibit P2 TRUE COPY OF THE REQUEST LETTER ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 13.2.2023.

Exhibit P3 TRUE COPY OF THE PROCEEDINGS ISSUED BY THE 2ND RESPONDENT DATED 27.2.2023.

Exhibit P4 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) 39155/2022 DATED 8.12.2022.

Exhibit P5 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) 34320/2022 DATED 27.10.2022.