KERALA ELECTRICAL AND ALLIED ENGINEERING CO LTD Vs. ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES P

JUDGEMENT

(1.) Petitioner is a Government of Kerala undertaking. They have defaulted the dues in respect of their employees under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (the Act). When proceedings have been initiated for realisation of the dues by the Provident Fund Organisation, the petitioner approached this Court by filing W.P.(C). No. 11099 of 2016 and the said writ petition was disposed of in terms of Ext.P-1 judgment permitting the petitioner to pay the amounts due in ten equal monthly instalments. It is stated by the petitioner that in the meanwhile, they were directed to pay interest under Section 7-Q of the Act for delayed payment of the contributions and proceedings have been initiated for realisation of the same also. The petitioner, therefore approached this Court again by filing W.P.(C.) No. 7901 of 2017, and this Court disposed of the said writ petition in terms of Ext.P-2 judgment permitting the petitioner to pay the interest in instalments. It is stated that despite Exts.P-1 and P-2 judgments, the petitioner could not liquidate the amounts due to the Provident Fund Organisation. Consequently, proceedings against them have been revived. The petitioner, then approached this Court again by filing W.P. (C.) No. 8698 of 2017 and this Court again had shown indulgence by permitting the petitioner to liquidate the arrears, in terms of Ext.P-3 judgment. The petitioner has not liquidated the arrears in full in terms of Ext.P-3 judgment also. It is stated that though only a sum of Rs. 18,77,000/-is due towards the arrears of contribution, a sum of Rs. 78,79,000/- is still due towards interest and damages. It is stated by the petitioner that since they could not remit the said amounts, the bank accounts of the petitioner have been attached. Ext.P-7 is a communication issued to the petitioner by the State Bank of India. It is pointed out by the petitioner that on account of the attachment of the bank account, the operations of the petitioner have now come to a grinding halt. The petitioner, therefore, seeks indulgence again in this matter for remittance of the amounts due in instalments.

(2.) The learned Standing Counsel for the Provident Fund Organisation vehemently opposed the prayer made by the petitioner.

(3.) Despite the stiff opposition of the Provident Fund Organisation, having regard to the fact that the petitioner is a Government of Kerala undertaking; that their operations would come to a grinding halt if the petitioner is not permitted to pay the amounts in instalments and that a substantial portion of the arrears represents interest and damages, I deem it appropriate to dispose of the writ petition permitting the petitioner to pay the arrears mentioned in Ext.P-7 communication, in six monthly instalments, in public interest. The petitioner shall pay the the first instalment on or before 01.02018. Needless to say that if the petitioner remits the amounts as directed above, coercive action against the petitioner for realisation of the amounts due shall be deferred.