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Petitioner’s writ petition for payment of the amounts due in installments under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 is allowed : High Court of Kerala

Court allowed the petitioner to pay the total due amount 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 the court and was upheld by High Court of Kerala through the learned bench led by HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN in the case of MALABAR MEDICAL COLLEGE HOSPITAL & RESEARCH CENTRE vs EMPLOYEES PROVIDENT FUND ORGANISATION – EPFO (WP(C) NO. 30376 OF 2021) on 16th March, 2022.

Brief facts of the case are that the petitioner is a Medical College hospital and an establishment under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952. 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.

Respondent imposed certain conditions by and the petitioner found it difficult to agree to those conditions. Accordingly, the petitioner has filed this writ petition and prayer of the petitioner in the writ petition is for payment of the amounts due in installments.

Learned Counsel for the petitioner states that the petitioner has already deposited an amount of Rs.10,00,000/- to show the bona fides of the petitioner and  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, the Court decided that 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. And 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.

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Judgment reviewed by – Amit Singh

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