High Court of KeralaWP(C)/10091/2015disposed of

C.K.Sathy v. The Regional Provident Fund Commissioner

2015-04-01Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 1ST DAY OF APRIL 2015/11TH CHAITHRA, 1937 WP(C).No.10091 of 2015 (J) -------------------------------------- PETITIONER:

------------------- C.K.SATHY,W/O.O.RAJAN,GEETHA NIVAS, P.O.VENGAD,ANJARAKANDY,THALASSERY, KANNUR DISTRICT.

BY ADV.SRI.O.D.SIVADAS RESPONDENTS:

------------------------ 1.

THE REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND,KOZHIKODE -673 002.

THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, SUB REGIONAL OFFICE,V.K.COMPLEX,FORT ROAD, KANNUR - 670 001.

THE RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANISATION, SUB REGIONAL OFFICE,V.K.COMPLEX,FORT ROAD, KANNUR - 670 001.

R1 TO R3 BY DR.ABRAHAM P.MEACHINKARA,S.C.

SRI.THOMAS MATHEW NELLIMOOTTIL,SC, P.F.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P(C) NO.10091/2015 APPENDIX PETITIONER'S EXHIBITS:

EXT.P1:TRUE COPY OF THE PROCEEDINGS DATED 14.7.2014 ISSUED BY THE 2ND RESPONDENT.

RESPONDENT'S EXHIBITS:

NIL //TRUE COPY// P.S. TO JUDGE pk

K.VINOD CHANDRAN, J - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 10091 of 2015 - - - - - - - - - - - - - - - - Dated 1st April, 2015 - - - - - - - - - - - - - - - - - - - - - - - -

JUDGMENT

The petitioner is aggrieved by the coercive proceedings taken against her for nonpayment of the Provident Fund contribution and she seeks instalment facility to pay the amount.

2. Considering the confined prayer made for instalments, it is directed that the recovery proceedings shall be kept in abeyance on condition of the petitioner settling the entire provident fund arrears in twelve equal monthly instalments. The petitioner shall produce a certified copy of this judgment before the Provident Fund Organization within two weeks of its receipt. The respondent Organization shall quantify the dues as on 10.04.2015 and issue a statement showing the arrears, in accordance with which the instalments shall be paid. The 1st

WP(C).10091/15 instalment shall be paid on or before 01.05.2015 and thereafter; the due date of instalments falling on the 1st of each succeeding month. If default is committed in two consecutive instalments, then the recovery proceedings shall be revived and continued. On the satisfaction of the dues as per the statement, the respondent Organization shall give a statement of the future interest from 10.04.2015, if any under the Statute and the same shall be settled as the 13th instalment.

The writ petition stands disposed of.

Sd/- K.VINOD CHANDRAN Judge Mrcs //True Copy//