IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL ST FRIDAY, THE 1 DAY OF APRIL 2022 / 11TH CHAITHRA, 1944 WP(C) NO. 8016 OF 2022 PETITIONER:

BAMBOO CORPORATION LTD.

PB NO.20, ANGAMALLY SOUTH, ERNAKULAM - 683 574 REPRESENTED BY THE MANAGING DIRECTOR SMT.INDU VIJAYAN N.

BY ADV SMT.K.K.RAZIYA, CGC RESPONDENTS:

1 THE REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEE FUND ORGANISATION BHAVISHYANIDHI BHAVAN, KALOOR, KOCHI - 682 017.

2 UNION BANK OF INDIA PB NO.20, ANGAMALY BRANCH, ERNAKULAM - 683 572, REPRESENTED BY ITS MANAGER.

BY ADV THOMAS MATHEW NELLIMOOTTIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

01.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Orders Exts.P1 and P2 issued under Section 8(5) of the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952, Bamboo Corporation Limited have been challenged whereby in the absence of the compliance of the demand of Rs.38,95,626/- and Rs.30,77,141/- the attachment was ordered. Petitioner Corporation has filed the writ petition on the ground that it has suffered financial losses and is unable to meet the liabilities. This Court vide order dated 10.03.2022 caused interference while admitting the writ petition with liberty to the petitioner to deposit Rs.10,00,000/- by 10.03.2022. The aforementioned amount could not be deposited on account of the fact that another account in which the money was lying was also attached and Writ Petition No.9696 of 2020 was filed, which was disposed of with certain conditions and the time granted by this Court in the order dated 10.03.2022 was enlarged by another week.

The order dated 10.03.2022 and 24.03.2022 reads thus:

Order dated 10.3.2022 “Admit.

2. Sri.Thomas Mathew Nellimoottil, the learned counsel takes notice for the 1st respondent. Sri.A.S.P.Kurup, the learned Standing Counsel takes notice for the 2nd respondent.

3. The petitioner, a public sector undertaking under the Government of Kerala has filed this writ petition challenging Exts.P1 and P2 proceedings under Section 8F of the Kerala Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (for short 'the Act').

4. It is submitted by the learned counsel for the petitioner that due to severe financial difficulties faced by them they could not remit the payments due under the Act. It is also stated that if they are not in a possession to operate the Bank account maintained with the 2nd respondent Bank, the entire activities of the petitioner would come to a stand still and they will not be in a possession even to pay salary to the employees.

5. Accordingly, there will be a stay of Exts.P1 and P2 on condition that the petitioner deposits an amount of Rs.10,00,000/- with the 1st respondent within a period of two weeks from today (10.03.2022).

Post on 05.04.2022 for the statement of the 1st respondent.

It is made clear that, the petitioner can operate the Bank account maintained with the 2nd respondent Bank with immediate effect.”

Order dated 24.3.2022 “Learned counsel for the petitioner submits that this Court vide order dated 10.03.2022 ordered stay of Exts.P1 and P2 on condition that the petitioner deposits an amount of Rs.10,00,000/- (Rupees ten lakh only) with respondent No.1 within a period of two weeks from that date. In fact, the other account in which money was lying was also attached and the Writ petition No.9696 of 2022 filed against that was disposed of with certain conditions. The amount could not be deposited as the said judgment is yet to be uploaded. In this view of the matter, the time granted by this Court in the order dated 10.03.2022 is ordered to be extended for another one week.”

2. Adv.K.K.Raziya, learned counsel appearing on behalf of the petitioner submits that an amount of Rs.10,07,290/- vide cheque No.787849 dated 25.03.2022 has been deposited and the remaining amount of Rs.59,72,000/-

an odd be permitted to be deposited in ten(10) installments.

3. Sri.Thomas Mathew, Nellimoottil, learned counsel appe