Kerala High Court
M/S. Pazhassiraja Universal Public ... vs Assistant Provident Fund Commissioner on 11 September, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:69801
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024/20TH BHADRA, 1946
WP(C) NO. 30676 OF 2022
PETITIONER:
M/S. PAZHASSIRAJA UNIVERSAL PUBLIC SCHOOL,
ERAMANGALAM, BALUSSERY P.O, KOZHIKODE,
PIN - 673 612.
REPRESENTED BY ITS CHAIRMAN
SRI. MOHANAN NAMBIAR, AGED 69 YEARS,
S/O.N.NARAYANAN NAIR, RESIDING AT 'NANDANAM',
P.O.MUNDAYAD VARAM, ELAYAVOOR, KANNUR,
PIN - 673 594.
BY ADVS.
S.K.SAJU
SREEJITH CHEROTE
RESPONDENT:
ASSISTANT PROVIDENT FUND COMMISSIONER,
EMPLOYEES PROVIDENT FUND ORGANIZATION,
REGIONAL OFFICE, BHAVISHYANIDHIBHAVAN,
ERANHIPPALAM.P.O, KOZHIKODE DISTRICT,
PIN - 673 006.
BY ADV
ABRAHAM P.MEACHINKARA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.09.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2024:KER:69801
WP(C) No.30676 of 2022
:2:
JUDGMENT
Dated this the 11th day of September, 2024
The petitioner school is managed by a
charitable Trust known as "Pazhassi Raja Educational and
Charitable Trust". The petitioner school is a covered
establishment under the provisions of the Employees
Provident funds and Miscellaneous Provision's Act, 1952.
The Trust is working purely for the upliftment of educationally
and socially backward classes. The Trust was formed by few
socially spirited individuals for a noble cause of spreading
quality education in remote areas.
2. It is submitted that the respondent issued a
notice alleging that the petitioner has defaulted the payment
of dues from 07/2015 to 03/2018 and failed to enroll
employees from the wage month 01/2014 to 03/2018. In the
ensuing 7-A enquiry, an ex-parte determination order dated
2024:KER:69801
26.08.2019 has been passed by the respondent against the
petitioner ordering the petitioner to pay an amount of
Rs.11,43,728. Later, the petitioner was also served with the
letter from the respondent dated 06.01.2020, directing the
petitioner to pay the aforementioned amount within 10 days
from the receipt of the letter.
3. Though the petitioner was given 16 monthly
installments to pay off the liability as per Ext.P1 judgment, the
petitioner could not pay the amount due to the outbreak of
Covid -19 pandemic. Now, by Exts.P2 and P3, the immovable
properties of the school are attached by the respondent. The
petitioner is praying for six months time to pay off the entire
liability, contends the petitioner.
4. I have heard the learned Counsel appearing
for the petitioner and the learned Standing Counsel
representing the respondent.
2024:KER:69801
5. The contention of the petitioner is that the
respondent in 7A order found that the petitioner is liable to
pay an amount of Rs.11,43,728/- without giving an
opportunity to the petitioner under the provisions of the
Employees Provident Fund and Miscellaneous Provisions
Act. Ext.P2, however, would indicate that the petitioner has
been given an opportunity to defend the matter and the
warrant of attachment in immovable property was issued only
thereafter.
6. Be that as it may, taking into consideration
the fact that the petitioner is a public school, I am inclined to
grant the petitioner a reasonable time to pay the certificate
amount as per Ext.P2 in instalments.
The writ petition is disposed of permitting
the petitioner to remit the certificate amount of Rs.11,41,809/-
along with statutory interest and other charges, if any, in six
consecutive and equal monthly instalments. First of such
2024:KER:69801
instalments shall be paid on or before 01.10.2024. If the
petitioner commits any default in making the payment as
directed above, the respondent will be at liberty to proceed
against the petitioner with Ext.P2.
Sd/-
N.NAGARESH
JUDGE
AMR
2024:KER:69801
APPENDIX OF WP(C) 30676/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT DATED
06.03.2020 IN WP(C) NO. 6530/2020.
Exhibit P2 A TRUE COPY OF THE WARRANT OF
ATTACHMENT DATED 20.09.2022 ISSUED BY
THE RESPONDENT.
Exhibit P3 TRUE COPY OF THE MAHAZAR DATED
20.09.2022 PREPARED BY THE ENFORCEMENT
OFFICER.
