Kerala High Court
The Quilon District Engineering ... vs Regional Provident Fund Commissioner on 11 June, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
WP(C) NO. 20729 OF 2024
PETITIONER:
THE QUILON DISTRICT ENGINEERING TECHNICIANS
INDUSTRIAL (WORKSHOP) CO-OPERATIVE SOCIETY LTD.
(QETCOS),UMAYANALLOOR PO, KOLLAM,PIN - 691001.
REPRESENTED BY ITS MANAGING DIRECTOR.
BY ADVS.
VINOY VARGHESE KALLUMOOTTILL
ROJA R.
ANJU CHANDRAN
RESPONDENTS:
1 REGIONAL PROVIDENT FUND COMMISSIONER
REGIONAL OFFICE PONNAMMA CHAMBERS, PARAMESWAR
NAGAR, KOLLAM, PIN - 691001
2 THE RECOVERY OFFICER
EMPLOYEES' PROVIDENT FUND ORGANISATION, REGIONAL
OFFICE, PONNAMMA CHAMBERS, PARAMESWAR NAGAR,
KOLLAM, PIN - 691001
BY ADVS.
Pirappancode V.S.Sudheer V.S
AKASH S.(K/980/2008)
GIRISH KUMAR M S(K/001593/2018)
RAJALAKSHMI.R.(K/001978/2023)
RICHU THERESA ROBERT(K/002427/2021)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.20729/2024
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DEVAN RAMACHANDRAN, J.
=========================
W.P.(C)No.20729 of 2024
==========================
Dated this the 11th day of June, 2024
JUDGMENT
The petitioner impugns Ext.P2 notice asking him to show
cause why a warrant of arrest should not be issued, saying that,
the said notice carried the date 17.04.2024 for his appearance,
which he could not do, on account of unavoidable circumstances.
He argues that the recovery now initiated against him is illegal;
and therefore, that he has tenable cause against Ext.P2. He thus
prays that the said notice be quashed and the respondents be
directed to afford him an opportunity of being heard, before any
further action is taken forward.
2. In response to the afore submissions of Sri.Vinoy
Varghese Kallummoottil - learned counsel for the petitioner,
Sri.Piranppancode.V.S.Sudheer - learned Standing Counsel for the
Employment Provident Fund Organisation, submitted that, as is
evident from Ext.P2 itself, it is only a notice asking the petitioner
to show cause why warrant of arrest be not issued against him.
He submitted that, if the petitioner was interested, he could have
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shown cause, relying on all tenable contentions; but that he even
refused to appear on 17.04.2024. He then added that, if this
Court is so inclined, the competent Authority is willing to hear
him once again, for which, a date may be fixed, so that further
proceedings can then be taken forward.
Sri.Piranppancode.V.S.Sudheer, however, concluded his
submissions, asserting that, this writ petition is not maintainable
for the afore reason.
3. There is force in the afore submissions of the
Sri.Piranppancode.V.S.Sudheer because, when the petitioner
impugns Ext.P2, he should also explain why he did not show
cause against it in the first place. Since he says that he was not
able to appear on 17.04.2024 - being the date mentioned therein
- I am of the view that he should be given one more opportunity,
thus acceding to the suggestion made by Sri.Piranppancode.
V.S.Sudheer.
In the afore circumstances, I allow this writ petition,
granting the petitioner liberty to appear before the competent
Authority, which shall be at 11 AM on 19.06.2024; on which day,
the said Authority will afford him necessary opportunity to show
cause and impel all his contentions including that he is only
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holding additional charge; thus culminating in an appropriate
order and necessary action, without any avoidable delay.
Needless to say, the right of the petitioner to approach this
Court again in future, if it becomes so warranted, is left open; for
which purpose, all rival contentions are left undecided.
Sd/-
DEVAN RAMACHANDRAN, JUDGE
ACR
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APPENDIX OF WP(C) 20729/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LETTER OF APPOINTMENT OF
THE PETITIONER GIVING ADDITIONAL CHARGE OF
MANAGING DIRECTOR OF QETCOS
Exhibit P2 TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED
BY THE 2ND RESPONDENT ON THE BASIS OF THE
CERTIFICATE ISSUED BY THE 1ST RESPONDENT
