Swapna Binu John vs The District Executive Officer
2021 Latest Caselaw 15320 Ker

WP(C) No.12599/2021                          1/3

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                          THE HONOURABLE MR. JUSTICE A.M.BADAR
                 Thursday, the 22nd day of July 2021 / 31st Ashadha, 1943

                                 WP(C) NO. 12599 OF 2021




   PETITIONERS:

      1. SWAPNA BINU JOHN, GANGA TRAVELS, SOUTH THRIPUNITHURA, VAIKOM ROAD,
                       RESIDING AT ANJILIKKAL HOUSE, SOUTH THRIPUNITHURA,
         KOCHI 682 031
      2. ABHILASH K.M. S/O.MOHANAN, KUTTIPARAMBAN HOUSE, NAYARANGADI,
         KODASSERI P.O., THRISSUR DISTRICT 680 721

   RESPONDENTS:

      1. THE DISTRICT EXECUTIVE OFFICER, KERALA MOTOR TRANSPORT WORKERS
         WELFARE FUND BOARD, THRISSUR ,1ST FLOOR, DOOR NO.36/1662, HIGH ROAD,
         THRISSUR 680 001
      2. THE REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND
         ORGANIZATION,         SUB REGIONAL OFFICE, KALOOR, ERNAKULAM 682 017
      3. THE JOINT REGIONAL TRANSPORT OFFICER, SUB REGIONAL TRANSPORT OFFICE,
         CHALAKKUDY, THRISSUR DISTRICT 680 307




        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to pass an interim direction directing the 1st respondent to
   accept contribution towards Kerala Motor Transport Workers Welfare Fund
   relating to Bus No.KL-39K-4090 from 01.01.2021 (excluding the period of
   lockdown announced by the Government of Kerala during May and June - 2021)
   from the 2nd petitioner taking note of the proof of payment of
   contribution towards EPF by the 1st petitioner upto 31.12.2020 and also
   taking note of the observations made in Exhibit P4 judgment, pending
   disposal of the above writ petition.




        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S.G.HARIHARAN & PRAVEEN HARIHARAN, Advocates for the petitioners,
   STANDING COUNSEL for R1 & R2 and of GOVERNMENT PLEADER for R3, the court
   passed the following:




                                          ORDER

WP(C) No.12599/2021 2/3

Learned counsel for respondent - Employees Provident Fund Organization submits that the document at Ext.P2 is not mentioning the fact as to on whose behalf the contribution is paid by the petitioner - employer.

This court prima facie feels that it is for the Employees Provident Fund Organization to ascertain in respect of whose monthly contribution the amount reflected in Ext.P2 is paid by the employer to the organization. The respondent - Provident Fund Organization to clarify on this aspect in their statement.

The statement be filed in a week.

Post after one week.

22.07.2021

Sd/-

                                                      A.M.BADAR


                                                       JUDGE
 WP(C) No.12599/2021                     3/3

                       APPENDIX OF WP(C) 12599/2021
Exhibit P2            TRUE COPY OF THE PAYMENT CONFIRMATION RECEIPT ISSUED BY

THE 2ND RESPONDENT ON 31.12.2020 Exhibit P4 TRUE COPY OF THE JUDGMENT MADE IN W.P.(C) NO.18854/2020 DATED 01/10/2020

22-07-2021 /True Copy/ Assistant Registrar