Partly allowed

Mangalam Publications v. the Employees Provident Fund Organisation

Kerala HC6 Oct 2017WP(C)/17758/2017

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought instalments to discharge Provident Fund dues. The court allowed payment in 24 monthly instalments starting 25.10.2017, suspending further recovery and prosecution if terms are met.

What did the court decide?

Directs payment of total liability in 24 monthly instalments starting 25.10.2017 and directs suspension of further recovery and prosecution proceedings pending compliance.

Mangalam Publications Vs the Employees… — Pension and Retirement Benefits | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

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FRIDAY, THE 6TH DAY OF OCTOBER 2017/14TH ASWINA, 1939

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WP(C).No. 17758 of 2017 (T)

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PETITIONER(S):

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MANGALAM PUBLICATIONS (INDIA) PVT.LTD,, S.H.MOUNT P.O., KOTTAYAM- 686 006, REP. BY ITS DIRECTOR.

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BY ADVS.SMT.P.VIJAYAMMA SRI.V.KRISHNA MENON SMT.J.SURYA

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RESPONDENT(S):

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1. THE EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, KOTTAYAM- 686 001.

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2. THE ENFORCEMENT OFFICER, EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, KOTTAYAM- 686 001.

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R1&R2 BY ADV. SRI.JOY THATTIL ITOOP, SC

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-10-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 17758 of 2017 (T)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE INSPECTION REPORT DATED 9-5-2017 EXHIBIT P2 TRUE COPY OF THE ACKNOWLEDGEMENT DATED 17-2-2017 ISSUED BY THE BANK

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EXHIBIT P3 TRUE COPY OF THE ACKNOWLEDGEMENT DATED 2-3-2017 ISSUED BY THE BANK

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EXHIBIT P4 TRUE COPY OF THE ACKNOWLEDGEMENT ISSUED BY THE BANK FOR THE ONLINE REMITTANCE OF THE AMOUNT

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EXHIBIT P5 TRUE COPY OF THE ACKNOWLEDGEMENT ISSUED BY THE BANK FOR THE ONLINE REMITTANCE OF THE AMOUNT

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EXHIBIT P6 TRUE COPY OF THE AUDITED BALANCE SHEET OF THE PETITIONER FOR THE YEAR 2013-14

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EXHIBIT P7 TRUE COPY OF THE AUDITED BALANCE SHEET OF THE PETITIONER FOR THE YEAR 2014-15

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EXHIBIT P8 TRUE COPY OF THE AUDITED BALANCE SHEET OF THE PETITIONER FOR THE YEAR 2015-16

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EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN WPC NO.2138 OF 2017

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EXHIBIT P10:- TRUE COPY OF THE ORDER DATED 11.8.2017

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RESPONDENT(S)' EXHIBITS - NIL

/TRUE COPY/

PS TO JUDGE

A.K.JAYASANKARAN NAMBIAR, J.

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W.P.(C). No. 17758 of 2017

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===================================================== Dated this the 6^th day of October, 2017

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JUDGMENT

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The limited prayer of the petitioner at this stage is for the grant of instalments to discharge the liability in Ext.P10 order of the Assistant Provident Fund Commissioner.

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I have heard the learned counsel appearing for the petitioner as also the learned Standing Counsel appearing for the respondents.

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On a consideration of the facts and circumstances of the case as also the submissions made across the bar, and taking note of the plea of financial hardship urged on behalf of the petitioner, I direct that if the petitioner pays the total liability in Ext.P10 in twenty four equal and successive monthly instalments commencing from 25.10.2017, then further proceedings for recovery including steps for prosecution shall be kept in abeyance. It is made clear that if the petitioner commits a default in respect of any of the installments, he will lose the benefit of this judgment and the respondents will be free to continue the recovery proceedings against him from the stage at which they presently stand.

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Sd/-

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A.K.JAYASANKARAN NAMBIAR JUDGE

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das/ 06.10.2017

Mangalam Publications v. the Employees Provident Fund Organisation

Case brief

What is this about?

What did the court decide?

Mangalam Publications v. the Employees Provident Fund Organisation

Case brief

What is this about?

What did the court decide?

What the court decided

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