AI Structured Summary
Not yet generated for this judgment
Judgment
Murali Purushothaman, J
The petitioner is a Medical College hospital and an establishment under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the 'Act' for short). Since the petitioner had committed default in payment of the contributions under Section 7A of the Act, proceedings under Sections 8B to 8G of the Act were initiated against the petitioner and later, proceedings under Section 8F of the Act were initiated vide Ext.P9. The petitioner submits that as evident from Ext.P7, an amount of Rs.87,48,313/- is still due for payment pursuant to the determination under Section 7A of the Act. The petitioner approached the respondent for payment of the balance amount due in installments. However, the 1st respondent imposed certain conditions by Ext.P3 and the petitioner found it difficult to agree to those conditions. Accordingly, the petitioner has filed this writ petition to quash Ext.P7 letter and Ext.P9 order of the 3rd respondent. The further prayer of the petitioner in the writ petition is for payment of the amounts due in installments.
This Court, on 28.02.2022 directed the petitioner to deposit an amount of Rs.10,00,000/- to show the bona fides of the petitioner. The amount was directed to be paid within one week, which was later extended by this Court by order dated 14.03.2022. The petitioner has remitted the said amount on 14.03.2022.
The limited prayer of the petitioner is for payment of the amount of Rs.87,48,313/- in equal monthly installments.
Heard Sri.Vinod Bhat, the learned Counsel for the petitioner and Sri.Abraham P.Meachinkara, the learned Standing Counsel for the respondents.
Sri.Vinod Bhat, the learned Counsel for the petitioner prays that the petitioner may be permitted to pay the entire dues in 20 equal monthly installments, taking note of the financial crunch due to Covid-19 pandemic.
Taking note of the fact that the petitioner is not disputing the liability to pay the amount, the situation faced on account of the pandemic, interest of justice will be met, if the petitioner is permitted to pay the amount of Rs.87,48,313/- in 16 equal monthly installments, commencing from 01.04.2022, after giving credit to Rs.10,00,000/- already paid, pursuant to the order of this Court. It is so ordered. In case the petitioner defaults in payment of any of the installments as aforesaid, the respondents will be free to recover the entire amounts due. In order to facilitate the petitioner to make payments as aforesaid, Exts.P7 and P9 proceedings shall be kept in abeyance.
The writ petition is disposed of with the above directions.