2024 Supreme(Online)(KER) 16569
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V TH TUESDAY, THE 12 DAY OF MARCH 2024 / 22ND PHALGUNA, 1945 WP(C) NO. 41605 OF 2023 PETITIONER:
KERALA HINDI PRACHAR SABHA, REPRESENTED BY ITS SECRETARY ADV. B.MADHU, AGED 63 YEARS S/O. SUKUMARAN NAIR, VAZHUTHACAUD, THIRUVANANTHAPURAM, RESIDING AT AISWARYA, ARAMADA P.O, THIRUVANANTHAPURAM., PIN - 695014 BY ADVS.
R.V.SREEJITH G.MAHESWARY T.RINI HARIGOVIND S.NAIR NIDHIN KRISHNA ANAKHA BABU RESPONDENT:
REGIONAL PROVIDENT FUND COMMISSIONER(COMPLIANCE)
REGIONAL OFFICE, BHAVIZHYANIDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM, PIN - 695004 SRI SAJEEV KUMAR K GOPAL, SC FOR EPFO THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The petitioner is the Kerala Hindi Prachar Sabha, a voluntary Hindi organization recognized by the Government of India and coming within the ambit of the term ‘establishment’ and covered under the provisions of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 and the Rules framed thereunder.
2. The petitioner states that they have been served with Ext.P1 notice demanding a sum of Rs.9,70,322/- towards amounts due under the provisions of the Act and the Scheme. The petitioner states that they had approached the respondent and had filed Ext.P2 representation, seeking an opportunity to remit the amounts in instalments. Their grievance is that their request has not been considered by the EPFO. It is on these assertions that the petitioner has approached this Court seeking to quash Ext.P1 and for further direction to permit the petitioner to remit the amount in equal monthly instalments.
3. A statement has been filed by the respondents controverting the contentions.
4. Upon careful consideration of the submissions presented, I find that the petitioner is an organization primarily dedicated to the promotion and propagation of the Hindi language. The Sabha aims to spread awareness about Hindi, encourage its usage in various spheres of life, and facilitate its learning through educational programs, publications, cultural events, and other initiatives. Additionally, it strives to preserve and enrich the linguistic and cultural heritage associated with Hindi. It is the contention of the petitioner that the operation of the Sabha was significantly disrupted by the lockdown enforced during the pandemic, which assertion is not objected to by the respondents. Acknowledging the financial hardships asserted by the petitioner and the salutary purpose for which the organization is originally constituted, I am of the opinion that it is both just and equitable to afford the petitioner the opportunity to settle the outstanding amount through feasible installments.
Resultantly, this writ petition is ordered, and the following directions are issued:
(i) The petitioner shall approach the respondent with a request to inform them of the details of the amount due together with interest and other charges due from them. If such a request is made within two weeks from the date of receipt of a copy of this judgment, the respondent shall forthwith issue a statement in writing detailing the amounts.
(ii) On receipt of such a statement, the petitioner shall pay the amounts shown therein in ten (10) equal monthly installments commencing from 15.4.2024 and continue to pay the same on every successive month thereafter until the entire loan is wiped off.
(iii) If the amounts are diligently paid in terms of the directions above, coercive proceedings initiated against them by the respondent for the realization of the amount shall be kept in abeyance.