Kerala High Court
M/S Kerala State Bamboo ... vs The Board Of Trustees on 31 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
WP(C) NO. 11446 OF 2023
PETITIONER
M/S KERALA STATE BAMBOO CORPORATION LTD
HI-TECH BAMBOO FLOORING TILE FACTORY
JAYANTHI ROAD, NALLALAMN
KOZHIKKODE , REPRESENTED BY ITS MANAGING DIRECTOR,
PIN - 673027
BY ADVS.
LATHA ANAND
M.N.RADHAKRISHNA MENON
S.VISHNU (ARIKKATTIL)
SIDHARTH P.S.
RESPONDENTS
1 THE BOARD OF TRUSTEES
EMPLOYEES PROVIDENT FUND ORGANIZATION,
REPRESENTED BY ITS SECRETARY BHAVISHYANIDHI BHAVAN,
BHIKAIJI CAMA PLACE, NEW DELHI, PIN - 110066
2 ASSISTANT PROVIDENT FUND COMMISSIONER (COMPLIANCE)
EMPLOYEES PROVIDENT FUND ORGANIZATION REGIONAL
OFFICE, BHAVISHYANIDHI BHAVAN ERANHIPALAM,
KOZHIKKODE - 673006
BY ADV SAJEEV KUMAR K.GOPAL
ADV ABRAHAM P MECHINKARA- SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P© No.11446 of 2023
2
JUDGMENT
Dated this the 31st day of March, 2023
The petitioner which is a Government Company has
approached this Court seeking the following reliefs:
"a) Call for the records relating to Ext.P1 of the 2 nd
respondent and modify the same allowing the petitioner
to remit amount in 36 equal installments.
b) To permit the petitioner to clear the dues
covered by Ext.P1 in 36 equal installments so that
normal functioning of the company will not be affected.
c) To grant such other reliefs that may be sought
for and deemed just and proper in view of the facts and
circumstances of the case."
2. The case advanced by the petitioner in the writ
petition is that Ext.P1 is the proceedings issued by the
Assistant Provident Fund Commissioner, Kozhikode, wherein
the petitioner was directed to remit an amount of
Rs.28,29,291/- towards the contribution payable for the
period from March 2019 to October 2021. Ext.P2 is the
request placed by the petitioner before the 2 nd respondent
seeking an installment facility to pay off the said liability.
However, Ext.P3 was issued by the 2 nd respondent directing
W.P© No.11446 of 2023
the payment of the entire amount within 5 days from the date
of receipt of a copy of the said notice. This writ petition is
submitted in such circumstances.
3. Heard Smt.Latha Anand, the learned counsel for the
petitioner and Adv.Abraham P, the learned Standing Counsel
for the respondents.
4. The limited prayer sought for the respondents is to
permit the petitioner to clear the entire liability based on
Ext.P1 in equal instalments.
5. The learned counsel for the petitioner, opposes the
said application.
6. I have gone through the records. The petitioner is a
Government Company and it is evident from the records that
the financial condition of the company is very bad. It is also
reported that the petitioner is even finds it difficult to pay the
salary to the employees.
7. Considering the fact that it is a Government
undertaking, I deem it appropriate to show some indulgence
by granting some time to pay off the liability as per Ext.P1.
Accordingly, the writ petition is disposed of permitting
W.P© No.11446 of 2023
the petitioner to clear off the entire liability as demanded, in
24 equal monthly installments, the first of which shall fall due
on 30.04.2023. The subsequent installments shall become
payable on 30th of succeeding months. In case of default in
making any of the said installments, this facility shall stand
cancelled and in such an event, it shall be open for the 1 st
respondent to initiate recovery proceedings.
Sd/-
ZIYAD RAHMAN A.A., J.
smm
W.P© No.11446 of 2023
APPENDIX OF WP(C) 11446/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER UNDER SECTION
7A, E-COURT NO. 288/2022 DATED
05.12.2022
Exhibit P2 TRUE COPY OF THE REPRESENTATION
DATED 05.01.2023 SUBMITTED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT
Exhibit P3 TRUE COPY OF THE LETTER DATED
25.01.2023 ISSUED BY THE 2ND
RESPONDENT
