IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942
WP(C).No.29078 OF 2020(H)
PETITIONER:
CHANGANACHERRY CO-OPERATIVE RUBBER MARKETING
SOCIETY LTD.NO.K/364, KARUKACHAL, KOTTAYAM DISTRICT,
REPRESENTED BY ITS MANAGING DIRECTOR.
BY ADV. SRI.MATHEW SEBASTIAN
RESPONDENTS:
1 ASSISTANT PROVIDENT FUND COMMISSIONER
EMPLOYEES PROVIDENT FUND ORGANIZATION,
SUB REGIONAL OFFICE, ADITYA SABARI TOWER,
POST OFFICE ROAD, THIRUNAKARA, KOTTAYAM - 1.
2 ENFORCEMENT OFFICER, EMPLOYEES PROVIDENT
FUND ORGANISATION, REGIONAL OFFICE, THIRUNAKARA,
KOTTAYAM - 686 001.
SRI.JOY THATTIL ITTOOP-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.29078 OF 2020(H)
2
JUDGMENT
Dated this the 4th day of January 2021 The Changanacherry Co-operative Rubber Marketing Society Limited has approached this Court impugning Ext.P6 Inspection Report settled by the Enforcement Officer of the Provident Fund Organisation, Kottayam and they allege that the contents thereof and the demand made therein are both untenable and without basis.
2. Sri.Mathew Sebastian, the learned counsel for the petitioner, makes several assertions and impels various contentions in opposition to Ext.P6, but primarily that the petitioner is employing only two persons at the moment. Sri.Mathew Sebastian, therefore, prays that Ext.P6 be set aside.
3. In response, the learned standing counsel for the Provident Fund Organisaton, Sri.Joy Thattil Itoop, submitted that the petitioner has approached this Court prematurely, since they can always file their objections to Ext.P6, which will then be considered by the competent Authority of the Organisation, leading to an enquiry under Section 7-A of the Employees' Provident Funds Miscellaneous Provisions Act, WP(C).No.29078 OF 2020(H) 3 1952 (for short, 'the Act'). Sri.Joy Thattil Itoop, therefore, prayed that this writ petition be dismissed and that the petitioner be either directed to pay the amounts as per Ext.P6 or to file their objections to it, if they are so interested.
4. On hearing Sri.Joy Thattil Itoop as above, Sri.Mathew Sebastian submitted that his client has already preferred Ext.P7 objections to Ext.P6 Inspection Report and thus prayed that this Court direct the competent Authority to consider the same and conduct an enquiry under Section 7-A of the Act, before taking any further action based on the said report.
5. Taking note of the afore submissions and in particular those made by Sri.Joy Thattil Itoop, that the petitioner's objection will be considered leading to an enquiry under Section 7-A of the Act, I order this writ petition and direct the competent respondent to take up Ext.P7 objections of the petitioner and consider the same, after conducting the enquriy under Section 7-A of the Act as per law and after affording necessary opportunities to the petitioner, culminating in an appropriate decision thereon, as expeditiously as is possible, but not later than three months from the date of receipt of a copy of this judgment.
WP(C).No.29078 OF 2020(H) 4 Needless to say, until such time as the afore exercise is completed and the resultant order communicated to the petitioner, all further action pursuant to Ext.P6 will stand deferred and will be taken forward only based on the conclusions in the enquiry to be conducted in terms of this judgment.
Sd/- DEVAN RAMACHANDRAN Stu JUDGE WP(C).No.29078 OF 2020(H) 5 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE INSPECTION REPORT OF THE 2ND RESPONDENT DATED 10/6/2019.
EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 24/6/2019 SUBMITTED BY PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE INSPECTION REPORT OF THE 2ND RESPONDENT DATED 8/7/2019.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 19/7/2019 SUBMITTED BY PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE REPORT OF THE 2ND RESPONDENT DATED 17/1/2020.
EXHIBIT P6 TRUE COPY OF THE INSPECTION REPORT AND DEMAND OF THE 2ND RESPONDENT DATED 13/11/2020.
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 2/12/2020 SUBMITTED BY PETITIONER BEFORE THE 2ND RESPONDENT.