KERALA UNIVERSITY CENTRAL CO-OPERATIVE v. THE REGIONAL PROVIDENT FUND COMMISSIONER
Case at a glance
Outcome
Disposed of
The writ petition is disposed of with the above
Provisions considered
Key paragraphs
- Para 55. In the facts and circumstances of the case and having regard to the submissions made across the Bar, there will be a direction to the petitioner to pay the amount determined under Section 14B of the Act in fifteen equal monthly installments commencing from…
Judgment
BY ADV SRI.C.Y.VINOD KUMAR RESPONDENTS: 1 2 THE REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANISATION, REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM – 695 004. THE RECOVERY OFFICER EMPLOYEES PROVIDENT FUND ORGANISATION, REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM – 695 004. SRI. N.N.SUGUNAPALAN (SR) SMT. T.N.GIRIJA SMT. NITA N.S - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.2655 OF 2016 2 JUDGMENT The petitioner, a Co-operative Society registered under the Kerala Co-operative Societies Act, 1969, has filed this writ petition challenging Ext.P1 order passed by the 2nd respondent directing the petitioner to remit the amounts determined under Sections 14B and 7Q of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (for short, ‘the Act’) by the 1st respondent. It is submitted that the Society was in financial crisis during the relevant period and finds it difficult to pay the amount determined under the provisions of the Act.
At the time of admission of the writ petition, this Court passed an interim order staying further proceedings pursuant to Ext.P1 on condition WP(C).No.2655 OF 2016 3 that the petitioner remits one-half of the amount demanded under Ext.P1 notice. The petitioner states that due to the financial stringency, the said interim order could not be complied with.
The learned counsel for the petitioner prays for a direction permitting the petitioner to pay the amount demanded in Ext.P1, in easy installments.
Heard the learned counsel for the petitioner and the learned Standing Counsel.
Operative part
In the facts and circumstances of the case and having regard to the submissions made across the Bar, there will be a direction to the petitioner to pay the amount determined under Section 14B of the Act in fifteen equal monthly installments commencing from 2nd day of May, 2024. If the petitioner defaults any of the installments as above, it will be open to the respondents to recover the WP(C).No.2655 OF 2016 4 entire amount from the petitioner. The petitioner shall pay the amount determined under Section 7Q of the Act in lump sum within a period of three months from the date of receipt of a copy of this judgment. The writ petition is disposed of with the above direction. SPR Sd/- MURALI PURUSHOTHAMAN JUDGE WP(C).No.2655 OF 2016 5 APPENDIX PETITIONER’ S EXHIBITS :- EXHIBIT P1 EXHIBIT P2 OF THE COPY NOTICE TRUE NO.KR/3964/RECOVERY/RO/TVM/2015 DATED 12.10.2015, ISSUED TO SRI.M.S. SURENDRAN, ADMINISTRATIVE COMMITTEE MEMBER OF THE PETITIONER SOCIETY. TRUE COPY OF THE REPLY LETTER NO.50/2015- 16 DATED 26.10.2015 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT TO EXT.P1 NOTICE. RESPONDENTS EXHIBITS: NIL.
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The writ petition is disposed of with the above
Which statutory provisions did this judgment involve?
Kerala Co-operative Societies Act, 1969.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.