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2026 Supreme(Online)(Ker) 30352

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Gopinath P., J
Shakira Aboobacker – Appellant
Versus
Union of India – Respondent


Advocates:
For the Appellants/Petitioners: Varghese C. Kuriakose, Amritha J.
For the Respondents: Vishnu J., Abraham P. Meachinkara

Table of Content
1. court discretion allows installment payments for provident fund dues without hindering parallel legal actions for interest and criminal liability. (Para 1 , 2 , 3)

JUDGMENT The petitioner has approached this Court seeking a direction to the Provident Fund Department to permit the petitioner to pay off the amounts determined as payable by the petitioner in proceedings under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as ‘the 1952 Act’) in some instalments.

2. The learned counsel appearing for the Provident Fund Department submits that the dues relate to the period from November 2009 to May 2010. It is submitted that certain prosecution proceedings were initiated against the petitioner on account of non payment of the dues and it is only that amount for which prosecution was initiated that is mentioned in the present writ petition. It is submitted that the liability of the petitioner under Section 7A of the 1952 Act is Rs.4,02,999/-. It is submitted that if any amount has been paid by the petitioner in the meanwhile, the same can also be adjusted. It is submitted that this order may not prevent the Depa

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