Disposed

K.v.Sajithkumar v. Assistant of Commissioner and Recovery Officer

Kerala HC8 Apr 2019WP(C)/9877/2019

Case brief

AI extract

What is this about?

The Court granted the petitioner a stay on penal action pending payment of Provident Fund dues in instalments, directing immediate deposit of a portion and balancing amount over five months. Default attracts vacation of the stay.

What did the court decide?

Stay of penal action allowed; payment of dues directed to be made in installments within one week and subsequent months.

K.v.Sajithkumar Vs Assistant of Commissioner and Recovery Officer — Kerala HC (2019) — LawSathi Research

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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 S.V.BHATTI

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MONDAY, THE 08TH DAY OF APRIL 2019 / 18TH CHAITHRA, 1941

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WP(C).No. 9877 of 2019

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PETITIONER/S:

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K.V.SAJITHKUMAR AGED 45 YEARS

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DIRECTOR, RAIN CONCERT TECHNOLOGIES PVT LTD, 410, 4TH FLOOR THEJASWINI, THECHNOPARK, THIRUVANANTHAPURAM - 695 581

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BY ADV. SRI.M.R.SARIN

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RESPONDENT/S:

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1 ASSISTANT OF COMMISSIONER AND RECOVERY OFFICER EMPLOYEE PROVIDENT FUND ORGANIZATION, MINISTRY OF LABOUR AND EMPLOYMENT, REGIONAL OFFICE, BHASVISHY NIDHI BHAVAN, PATTOM, THIRUVANANTHAPURM - 695 003

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2 THE MANAGER

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ICICI BANK, KAZHAKUTOM BRANCH, GANGA TOWERS, NEAR POLICE STATION, THIRUVANANTHAPURAM - 695 004

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OTHER PRESENT:

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SC SRI. S. SUJIN., SMT.NITA SUJIN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.9877/2019

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J U D G M E N T

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Heard Sri Sarin Panicker, the petitioner's counsel and

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Smt.Nita Sujin, holding for the learned Counsel for the respondent.

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The petitioner prays for a few series of prayers. Mr.Sarin Panicker does not press these prayers, but seeks the indulgence of this Court to pay the Provident Fund amount demanded by the respondents in convenient instalments. According to him, the petitioner will pay the employees' contribution, already received but not paid to the Department, within one month from today and the balance amount in another five instalments.

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Smt.Nita Sujin appearing for the respondents stoutly opposes granting any time for depositing the amount received or collected by the petitioner towards the employees' contribution. As regards amount other than Employees

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W.P.(C) No.9877/2019

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Provident Fund Contribution is concerned, she states that the petitioner can be given three equal instalments.

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From the limited submissions noted above, this Court

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has to consider the reasonable request of the petitioner and also

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ensure recovery of the Provident Fund dues etc without further delay.

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The writ petition is disposed of by this order:

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(a) The petitioner shall pay/deposit a sum of Rs.1,39,639/- within one week from today.

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(b) The balance amount Rs.4,10,369/- shall be paid in five equal instalments, the first instalment becoming payable on 21.05.2019.

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(c) There shall be stay of penal or coercive action against the petitioner, subject to petitioner complying with all the instalments on or before the time granted by the Court.

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(d) The petitioner commits default of any one of the instalments including contribution of Employees Provident Fund, stay order granted by this Court

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W.P.(C) No.9877/2019

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shall be deemed to have been vacated and the authorities are free to proceed to recover the dues in accordance with law.

Sd/-

S.V.BHATTI

JUDGE

jjj

APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 THE TRUE COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT ON 25.05.2016

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EXHIBIT P2 THE TRUE COPY OF THE NOTICE TO SHOW CAUSE ISSUED BY THE 1ST RESPONDENT TO PETITIONER ON 08/06/2018

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EXHIBIT P3

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TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT ON 25.01.2019

K.v.Sajithkumar v. Assistant of Commissioner and Recovery Officer

Case brief

What is this about?

What did the court decide?

K.v.Sajithkumar v. Assistant of Commissioner and Recovery Officer

Case brief

What is this about?

What did the court decide?

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