Disposed

Elstone Tea Estate v. Employees Provident Fund Orgabization

Kerala HC14 Oct 2020WA/1283/2020

Case brief

AI extract

What is this about?

The Court disposed of a writ appeal challenging a Single Judge's refusal to allow further instalments for Provident Fund arrears. Due to special circumstances, the Court deemed it appropriate to grant further indulgence as a last chance, permitting payment of the accumulated amount with interest and expenses in twelve monthly instalments.

What did the court decide?

Granted one-year time to pay accumulated Provident Fund arrears with interest and expenses. Conditioned on remitting one-third of the amount within 45 days of the order.

Elstone Tea Estate Vs Employees Provident… — Pension and Retirement Benefits | Kerala HC (2020)

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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 C.T.RAVIKUMAR

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THE HONOURABLE MR. JUSTICE K.HARIPAL

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WEDNESDAY, THE 14TH DAY OF OCTOBER 2020 / 22ND ASWINA, 1942

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WA.No.1283 OF 2020

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FROM JUDGMENT DATED 04.03.2020 IN WP(C) 6388/2020(W) OF HIGH COURT OF KERALA

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APPELLANT/PETITIONER:

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ELSTONE TEA ESTATE P.B.NO.21, KALPETTA, WAYANAD - 637 121, REPRESENTED BY ITS DIRECTOR.

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BY ADVS. SRI.P.RAMAKRISHNAN SMT.PREETHI RAMAKRISHNAN (P-212) SRI.T.C.KRISHNA SRI.C.ANIL KUMAR SMT.ASHA K.SHENOY SRI.PRATAP ABRAHAM VARGHESE

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RESPONDENTS/RESPONDENTS:

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1 EMPLOYEES PROVIDENT FUND ORGANIZATION REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, PB NO.1806, ERANHIPALAM, KOZHIKODE - 673006, KERALA REPRESENTED BY THE ASSISTANT PROVIDENT FUND COMMISSIONER.

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2 THE REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION, REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, PB NO.1806, ERANHIPALAM, KOZHIKODE - 673 006.

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3 RECOVERY OFFICER EMPLOYEES PROVIDENT FUND ORGANIZATION, REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, PB NO.1806, ERANHIPALAM, KOZHIKODE - 673 006.

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BY DR. ABRAHAM P. MEACHINKARA, SC, EPF ORG.

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.A.No.1283 OF 2020 2

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JUDGMENT

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Haripal. J.

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Appellant is the petitioner in W.P.(C). No. 6388 of 2020. It is a company registered under the Companies Act, engaged in the manufacture and sale of tea. According to the appellant, payment towards Employees' Provident Fund is in arrear from March, 2000 onwards, now the amount has accumulated nearly Rs.1.27 Crores. Even though he had occasion to approach this Court thrice and obtained favourable orders enabling to pay the amount in instalments, due to straitened circumstances, it could not pay the amount and now coercive steps have been initiated. It has approached the Court again seeking further indulgence by way of permitting to pay the arrears in 48 instalments. The learned Single Judge, after hearing counsel on both sides, by the impugned judgment declined to grant any further indulgence. That made the appellant to prefer this appeal under Section 5 of the High Court Act.

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We heard counsel on both sides. The learned counsel for the appellant submitted that due to crop failures and successive

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W.A.No.1283 OF 2020 3

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floods in 2018 and 2019 and other related issues the company failed to pay the amount as directed earlier. According to him, wages of the employees whose number comes about 750 have not been paid from November, 2019 onwards, that situation being the same if further indulgence is not shown, considerable hardships will be caused to the appellant. The learned Standing Counsel for the respondents strongly opposed the contentions of the appellant.

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Materials made available by the appellant indicate that such indulgence was shown at least three times before. The learned Standing Counsel for the respondents pointed out that despite the

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same and lapse of more than four years, not a single instalment was paid by the appellant. But according to the learned counsel for the appellant, that being the financial condition of the appellant he has no other way but to seek further indulgence from the Court.

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Having gone through the materials, we have no reason to find fault with the view taken by the learned Single Judge. However, having regard to the special circumstances narrated by the learned counsel, we deem it appropriate to grant further indulgence, as last chance, to allow the appellant to pay the amount with interest

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W.A.No.1283 OF 2020 4

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and incidental expenses in twelve monthly instalments, subject to the condition that 1/3rd of the amount shall be remitted within 45 days from today. The balance amount shall be payable in eleven monthly installments thereafter. It is made clear that if the 1/3rd amount is not paid as stated above, the entire amount will fall due in lump and the respondents shall be at liberty to recover the same in accordance with law.

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The writ appeal is disposed of as above. No costs.

SD/-

C.T.RAVIKUMAR

JUDGE

SD/-

K.HARIPAL

JUDGE

DCS/14.10.2020

Elstone Tea Estate v. Employees Provident Fund Orgabization

Case brief

What is this about?

What did the court decide?

Elstone Tea Estate v. Employees Provident Fund Orgabization

Case brief

What is this about?

What did the court decide?

What the court decided

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