Kerala High Court
Balamuraleedharan vs Suresh Pullanikkat on 15 November, 2024
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
Friday, the 15th day of November 2024 / 24th Karthika, 1946
CONTEMPT CASE(C) NO. 187 OF 2024(S) IN WP(C) 14300/2020
PETITIONERS/PETITIONERS 1, 2, 4 TO 23, 26 TO 31, 33 TO 42, 44 TO 62:
1. BALAMURALEEDHARAN, AGED 66 YEARS, S/O. SURENDRA NATH, MINI BHAVAN, TC
6/801 VARA 604, ARAPPURA LANE, VATTIYOORKAVU P. O., THIRUVANANTHAPURAM,
PIN - 695 013.
2. K. GOPI, AGED 65 YEARS, S/O. P. KUNJAN, POORADAM, RAMAPURAM,
ATHIYANNOOR, ARALUMMOODU P. O., THIRUVANANTHAPURAM, PIN - 695 123.
3. R. GANESAN, AGED 65 YEARS, S/O. S.R. RAMAIYER, NMC 25/194,
KRISHNAPURAM, GRAMAM, NEYYATTINKARA P. O., THIRUVANANTHAPURAM, PIN -
695 121.
4. RAJAN K, AGED 65 YEARS, S/O. P. KUTTAN NADAR, REMYA BHAVAN,
UCHAKKADA, PAYATTUVILA P.O., THIRUVANANTHAPURAM, PIN - 695 501.
5. S. KRISHNAN KUTTY, AGED 65 YEARS, S/O. K.O. SUBBAYYAN, VISHNU VILASOM
OTTANKARA, MELE ATHIYANNOOR, ARALUMMOODU P.O., THIRUVANANTHAPURAM, PIN
- 695 123.
6. P. RAVI KUMAR, AGED 65 YEARS, S/O. PADMANABHA PILLAI, R. B. BHAVAN,
NEAR ELAMBA GOVERNMENT HSS, POIKAMUKKU P. O., ATTINGAL,
THIRUVANANTHAPURAM, PIN - 695 103.
7. ABDUL SALAM K, AGED 65 YEARS, S/O. KASSIM KUNJU, KODIVACHAVILA VEEDU,
KUTHIRAKULAM P. O., VEMBAYAM, THIRUVANANTHAPURAM, PIN - 695 615.
8. KUMARI LALITHA B, AGED 65 YEARS, D/O. BHARATHIKUTTI AMMA R., ACHOOS
THALAYAL, ATHIYANNOOR, ARALUMMOODU P. O., THIRUVANANTHAPURAM, PIN - 695
123.
9. R. CHANDRA SEKHARAN NAIR, AGED 65 YEARS, S/O. RAJAPPAN NAIR, ASWATHY
BHAVAN VELLAM, KULATHALA KOOTTAPPANA, MOONNUKALLINMOODU, ARALUMMOODU
P.O., THIRUVANANTHAPURAM, PIN - 695 123.
10. K.K. KURUVILA, AGED 65 YEARS, S/O. KURIAN K.U., KALARICKAL MURIYIL, TC
10/1879(2), KRWA-29, KAVALOOR LANE MANCHADI MOODU, VATTIYOORKAVU P. O.,
THIRUVANANTHAPURAM, PIN - 695 013.
11. DHARMADEVAN NAIR P.S, AGED 65 YEARS, S/O. A. SREEDHARAN NAIR,
PUTHUPARAMBIL HOUSE, KOTHALA P.O., PAMPADY, KOTTAYAM, PIN - 686 502.
12. SOMASEKHARAN THAMPI N, AGED 65 YEARS, S/O. K. NARAYANAN UNNITHAN,
MANGALAM, ATHIYANNOOR, ARALUMMOODU P.O., THIRUVANANTHAPURAM, PIN - 695
123.
13. MUHAMMED K, AGED 65 YEARS, S/O. AYAMMED KUTTY K, KIZHAKKALACHIYIL (H),
KODUVALLY P. O., SOUTH KODUVALLY, KOZHIKODE, PIN - 693 572.
14. G. VIDYASAGARAN NAIR, AGED 65 YEARS, S/O. GANGADHARAN NAIR, ANU
VIHAR, CHENKAL P.O., VLATHANKARA P.O., THIRUVANANTHAPURAM, PIN - 695
134.
15. GOPALAKRISHNAN PILLAI, AGED 65 YEARS, S/O. M. BALAKRISHNA PILLAI,
KRISHNA GIRI, KUZHIVILA OOKKOODU P. O., KALLIYOOR, THIRUVANANTHAPURAM,
PIN - 695 020.
16. K. ABDUL MAJEED, AGED 65 YEARS, S/O. MOHAMMED, KUNDAN PARAMBIL HOUSE,
VETTEKUNNAM, EDAPPALLY NORTH P. O, ERNAKULAM, PIN - 682 024.
17. A. SULAIMAN, AGED 64 YEARS, S/O. ABDUL SAMAD, VALIYAVILA VEEDU,
AITHIYOOR, BALARAMAPURAM P. O., THIRUVANANTHAPURAM, PIN - 695 501.
18. R. SUNIL KUMAR, AGED 64 YEARS, S/O. P.K. RAMACHANDRAN, ROSE GARDEN,
POOVANPARA, ALLEMCODE P. O., ATTINGAL, THIRUVANANTHAPURAM, PIN - 695
102.
19. J. BINGLIWIN, AGED 64 YEARS, S/O. J. JUSTUS, J. B. COTTAGE,
CHEMKASSERY NAGAR, PATTOM P. O., THIRUVANANTHAPURAM, PIN - 695 004.
20. V. K. JOLIKUMAR, AGED 64 YEARS, S/O. L. VALSALAM, BETHEL, THONIPLA
VILA, VLANGAMURI, NEYYATTINKARA P. O., THIRUVANANTHAPURAM, PIN - 695
121.
21. M. F. SHIHABUDEEN, AGED 64 YEARS, S/O. MUHAMMED FULAYIL, SHIFA
MANZIL, NANNATTUKAVU, POTHENCODE P. O., THIRUVANANTHAPURAM, PIN - 695
584.
22. SATHEESH KUMAR D, AGED 64 YEARS, S/O. DAMODHARAN K., SARASWATHY
NIVAS, T. C. 51/2605, PAPPANAMCODE P. O., THIRUVANANTHAPURAM,
PIN-695018.
23. BELWINRAJ C, AGED 64 YEARS, S/O. CYRUS BENSON, KAVINPURATH PUTHEN
VEEDU, DDRA/508, KUDAPPANAKUNNU P. O., THIRUVANANTHAPURAM, PIN - 695
043.
24. SANKARAN NAIR C, AGED 64 YEARS, S/O. CHANDRASEKHARAN NAIR, TC 4/951,
SREE CHITHRA NAGAR, SOUMYA SCRA 174, KOWDIAR P. O., THIRUVANANTHAPURAM,
PIN - 695 003.
25. C.C.RAJAN, AGED 64 YEARS, S/O. CHALLAPPAN, MELE PUTHEN VEEDU,
MANIVAILA, DHANUVACHAPURAM, THIRUVANANTHAPURAM, PIN - 695 503.
26. S. ANIL KUMAR, AGED 63 YEARS, S/O. G. SOMARAJAN, DWARAKA, T. C.
37/1923, PRASANTH NAGAR, WEST FORT P. O., THIRUVANANTHAPURAM, PIN - 695
023.
27. MUHAMMED SHIFAR P, AGED 63 YEARS, S/O. P. S. KUNJU MUHAMMED, CHIRAYIL
SHALIMAR GARDENS, RAILWAY STATION ROAD, PRAVATHAMBALAM, NEMOM P. O.,
THIRUVANANTHAPURAM, PIN - 695 020.
28. A. V. GEETHANJALI, AGED 63 YEARS, D/O. J. AMMINI AMMA, HOUSE NO.KPNRA
28, BANK ENCLAVE, AREEKONAM LANE, KANJRAMPARA P. O.,
THIRUVANANTHAPURAM, PIN - 695 030.
29. MUHAMMED A. T, AGED 63 YEARS, S/O. MOIDEEN KUNHI, HASHIQUE MANZIL,
AMBAYATHODE, THAMARASSERY P. O., KOZHIKODE, PIN - 695 373.
30. SOUDHA BEEVI A, AGED 63 YEARS, D/O. AYSHA BEEVI, SURUMI MANZIL, NEAR
ROTARY HOSPITAL, POOJAPPURA P. O., THIRUVANANTHAPURAM, PIN - 695 012.
31. G. SURESH KUMAR, AGED 63 YEARS, S/O. GOPALAKRISHNA PILLAI P, KUTTIYIL
SAGARA, MAMPUZHA, ALLUMMOODDU P. O., KOLLAM, PIN-691577.
32. SHAJAHAN M, AGED 63 YEARS, S/O. MEERA SAHIB, SHAMEER MANZIL, VALIYA
PLANKALA VILA, ARALUMMOODU P. O., THIRUVANANTHAPURAM, PIN - 695 123.
33. B. K. PRAKASH, AGED 63 YEARS, S/O. BHASKARAN, KALAPAKASSERY VEEDU, T.
C. 31/1300, PETTAH P. O., THIRUVANANTHAPURAM, PIN - 695 024.
34. RADHAKRISHNAN NAIR B, AGED 63 YEARS, S/O. BALAKRISHNAN NAIR,
RADHEYAM, CHAVADINADA, VENGANOOR P. O., THIRUVANANTHAPURAM, PIN - 695
523.
35. P. N. SASIKUMAR, AGED 63 YEARS, S/O. K. NARAYANAN, SASI BHAVAN,
SHOORANADU, NADUVIL, ANAYADI P. O., KOLLAM, PIN - 690 561.
36. VIJAYAKUMARAN PILLAI, AGED 63 YEARS, S/O. JANARDHANAN PILLAI, SURABHI,
VETTIKAVALA P. O., KOLLAM, PIN - 691 538.
37. N. SATEESH BABU, AGED 63 YEARS, S/O. NEELAKANTAN, SASI VILASOM, RANNI
LANE, PEROORKADA P. O., THIRUVANANTHAPURAM, PIN - 695 005.
38. VIJAYAN B, AGED 63 YEARS, S/O. BALAKRISHNA PILLAI, AISHWARYA, ARAYOOR
P. O., AMARAVILA, THIRUVANANTHAPURAM, PIN - 695 122.
39. T. UNNIKRISHNAN NAIR, AGED 61 YEARS, S/O. S. THANKAPPAN NAIR, SRUTHI,
KRA - 163, MELAPPURAM, KONCHIRAVILA, MANACAUD P. O.,
THIRUVANANTHAPURAM, PIN - 695 009.
40. P. G. JOSEPH, AGED 61 YEARS, S/O. P. V. GEORGE, PALLATH, IRA - 18,
PAPPANAMCODE P. O., THIRUVANANTHAPURAM, PIN - 695 018.
41. ABDUL VAHEED, AGED 61 YEARS, S/O. ABDUL SAMAD, AFSAL COTTAGE,
KINATTUMUKKU, KOLIYACODE P. O., THIRUVANANTHAPURAM, PIN - 695 607.
42. A. MUHAMMAD SHANAVAS KHAN, AGED 62 YEARS, S/O. M. ABUBAKER, STAR
VILLA, THANNIMOODU, PANACHAMOODU, PANACHAMOODU P. O.,
THIRUVANANTHAPURAM, PIN - 695 505.
43. P. BALARAJ, AGED 62 YEARS, S/O. PONNAYYAN NADAR, JAYA COTTAGE, VENKA
VIA, VATTAVILA P. O., THIRUVANANTHAPURAM, PIN - 695 132.
44. ANIL KUMAR L, AGED 62 YEARS, S/O. G. LAKSHMANAN, KAVYA, STUDIO ROAD,
NEMOM P. O., THIRUVANANTHAPURAM, PIN - 695 020.
45. SUNIL KUMAR K, AGED 62 YEARS S/O. KUNJU KRISHNAN, ARYA, STUDIO ROAD,
NEMOM P. O., THIRUVANANTHAPURAM, PIN - 695 020.
46. S. GOPAKUMAR, AGED 62 YEARS, S/O. SEKHARA PILLAI, RUCKMINI VILASOM,
PALKUNNU, KOOVALASSERY P. O., THIRUVANANTHAPURAM, PIN - 695 512.
47. THULASEEDHARAN S, AGED 62 YEARS, S/O. SUKUMARAN, LAKSHMI, POOMCODE,
BHAGAVATHINADA P.O, VEDIVACHAN COIL, BALARAMAPURAM, THIRUVANANTHAPURAM,
PIN - 695 101.
48. GUNASEELAN M, AGED 62 YEARS, S/O. MUTHU NADAR, SUPRIYA BHAVAN,
ATTUKAL, CHULLIMANOOR P. O., NEDUMANGAD, THIRUVANANTHAPURAM, PIN - 695
541.
49. P. JAYA MOHANAN, AGED 62 YEARS, S/O. K. PONNAYYAN, J. P. BHAVAN,
PUTHARATHALA VILAKOM, DHANUVACHAPURAM P.O., THIRUVANANTHAPURAM, PIN -
695 503.
50. ABDUL SALAM V, AGED 61 YEARS, S/O. MOHAMMED, VILAYAKATH HOUSE,
KADALUNDI P.O., KOZHIKODE, PIN - 673 302.
51. ABDUL RAHIM, AGED 61 YEARS, S/O. MOHAMMED ISMAIL, FIRDHOUS, PADAVAN
CODE, VILAPPIL SALA P. O., THIRUVANANTHAPURAM, PIN - 695 573.
52. NEELAKANTA PILLAI S, AGED 61 YEARS, S/O. SIVANANEDA PILLAI, HOUSE
NO.BNRA -30, T.C.NO.35/635, KAMUKU VILAKOM STREET, CHENTHITTAI P. O.,
THIRUVANANTHAPURAM, PIN - 695 036.
53. SAITHALAVI C. K, AGED 61 YEARS, S/O KOYATTY C. K., CHATTUKUZHIVIL
(H), KARANTHUR P. O., KUNNAMANGALAM, KOZHIKODE, PIN - 673 571.
54. ABDUL RASHEED M, AGED 61 YEARS, T. C. 6/97-1, (NEW 35/2320), ZAMZAM,
THOPPUMUKKU JUNCTION, VATTIYOORKAVU P. O., THIRUVANANTHAPURAM, PIN -
695 013.
55. JOHNY G, AGED 61 YEARS, S/O. GABREIL N., ARAMOM, CHENKAL, IRUBIL,
ARUVIPURAM P. O., THIRUVANANTHAPURAM, PIN - 695 126.
56. VIJAYAKUMAR, AGED 61 YEARS, S/O. VISWAMBARAN R., V. S. NIVAS,
ARALUMMUDU P.O., NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695 123.
P.T.O.
57. MATHEW JOHN, AGED 63 YEARS, S/O. OUSEPH JOHN, THEKANATH HOUSE,
PAZHANGAD, KIZHAKKAMBALAM P. O., ERNAKULAM, PIN - 683 562.
BY ADVOCATES M/S. P.N.MOHANAN, C.P.SABARI, AMRUTHA SURESH & GILROY ROZARIO.
RESPONDENTS/RESPONDENTS THIRD, FIFTH & SIXTH RESPONDENTS:
1. SURESH PULLANIKKAT, AGED 57 YEARS, THE MANAGING DIRECTOR, KERALA
AUTOMOBILES LTD, ARALUMMOODU P.O, NEYYATTINKARA, THIRUVANANTHAPURAM,
RESIDING AT ERNAKULAM, PIN - 695 123.
2. PULLUVILA STANLY, AGED 73 YEARS, S/O KOCHAYYA, CHAIRMAN, KERALA
AUTOMOBILES LTD, ARALUMMOODU P.O, NEYYATTINKARA, THIRUVANANTHAPURAM,
RESIDING AT SARASWTHY BHAVAN, THAMBURAN MUKKU, KUNNUKUZHI,
THIRUVANANTHAPURAM, PIN - 695 123.
3. MANISH KUMAR SINGH, ASSISTANT PROVIDENT COMMISSIONER /RECOVERY OFFICER,
EMPLOYEES PROVIDENT FUND ORGANISATION, REGIONAL OFFICE, BHAVISHYANIDHI
BHAVAN, PATTOM, PATTOM P.O, THIRUVANANTHAPURAM, RESIDING AT
THIRUVANANTHAPURAM, PIN - 695 004.
BY SRI.THOMAS ABRAHAM, STANDING COUNSEL FOR R1 & R2
ADVOCATE SMT.NITA N.S FOR R3
This Contempt of court case (civil) having come up for orders on
15.11.2024, the court on the same day passed the following:
P.T.O.
AMIT RAWAL, J.
---------------------------------------------------
COC No.187 of 2024
----------------------------------------------------
Dated this the 15th day of November, 2024
ORDER
This is a classic case of shifting of the onus by the EPF
vis-a-vis the employer in deferring the settlement of the claim
of the petitioners who have been running from pillar to post in
obtaining the statutory dues of EPF despite there being a
judgment in their favour by this Court dated 29.07.2022
whereby qua the claim of the sixty(62) petitioners (retired)
employees of Kerala Automobiles who had been asking for
payment of provident fund pension amount on their
superannuation, this Court noticing all the rival contentions in
paragraph No.6 observed as under:
6. Learned counsel appearing for R3 and R4, Kerala
Automobiles Ltd., submitted that substantial amount has
already been deposited.
I have heard the learned counsel for the parties and
appraised the paper book. The conduct of the respondent No.3
has already been noticed by this Court in the order dated
26.7.2022 (supra). Without commenting further and noticing
that the petitioners retired long back and have not been paid
the statutory dues which they are entitled to, in the absence
of any stay granted by this Court, I dispose of the writ
petition by issuing directions to the Regional Provident
Commissioner to pursue the proceedings under Section 8F,
in accordance with law. As regards the disbursement of the
amount already paid and received by the EPF, counsel
representing the EPF submits that in the absence of the
account number and the register number of the petitioners,
the amount cannot be appropriated in the accounts. Counsel
for the petitioners undertakes to supply the copy of the
account and EPF number to the concerned department or to
the counsel representing the EPF against a valid receipt
within a period of two weeks from the date of receipt of a
copy of this judgment and on verification of the details, the
respondent will immediately transfer the amount already
received by them from respondent No.3, Kerala Automobiles
Ltd. to the accounts of the petitioners and further take
action, in accordance with law. Liberty granted to the
petitioners to revive the matter, in case respondent No.6,
EPF do not comply with the directions of this Court .
2. From perusal of the order it is evident that
Regional Provident Fund Commissioner was directed to
pursue the proceedings under Section 8F in accordance
with law and as regards the disbursement of the amount
already paid and received by the EPF. Learned counsel
representing EPF had expressed difficulty in settling the
dues of the petitioners on account of non availability of
account number and registered number of the petitioners.
Noticing the aforementioned contention, a direction was
issued to the petitioners to supply the copy of account and
EPF number to the department or to the counsel against a
valid receipt within a period of two weeks. Petitioners in
paragraph No.4 of the contempt petition categorically
stated that the account numbers have been furnished to
the EPF organisation for transfer the amount, but EPF has
not transferred the amount in respective accounts of the
petitioners, necessitating them to file present contempt
petition. During the course of hearing of the contempt
petition, counter affidavit has been filed by EPF, in
paragraph Nos.10 and 11 it has been stated as under:
10. It is further submitted that the Provident Fund dues in
respect of the petitioners in WP(C)No.14300 of 2020 for the
period 09/2013 to 02/2015 amounting to Rs.16,78,303/- has
been credited in individual member accounts, which is
already reconciled with chalan details as provided by the
employer establishment on 18/10/2023. The provident fund
of all the petitioners is already reconciled by the office of this
respondent till their date of leaving service as per the returns
filed by the employer. Petitioners may prefer their claim to
withdraw the updated EPF amount along with eligible
interest. It is further submitted that the petitioners except,
petitioners 29 and 43 are receiving monthly pension.
Petitioners 29 and 43 have to apply with the required
documents to avail pension. It is seen that an amount of
Rs.37,45,281/- is lying as OUR unreconciled as the
respondent establishment has not filed the electronic challan
cum return (ECR).
11. The details of outstanding PF contributions (assessed up
to 01/2019) and allied dues, as on date, are as follows:
SL. Nature of dues Period Amount
No. outstanding
1 Contributions 19/17-01/19 13,17,8390.20
2 Damages 10/00-06-12 1201604
3 Damages 6244810
Interest 07/12-11-16 4902280
4 Damages 07/12-09/17 4688654
Interest 2255826
5 Damages 09/11-06/12 331280
Interest 159014
6 Damages 09/13-08/18 2255370
interest 1124171
7 Damages 09/13-12/18 3710458
Interest 1888030
8 Damages 09/13-07/20 9100332
Interest 4806246
TOTAL 4,39,85,914.20
4. Noticing the aforementioned contention, this
Court on 01.03.2024 passed an order, paragraph No.5
reads as under:
"5. The petitioner shall move an application to the EPFO for
release of the amount stated to have been deposited as per
the contents of the affidavit of the EPFO. In the mean time,
establishment, i.e., represented by Mr.Thomas Abraham,
Standing Counsel, shall submit the ECR with regard to an
amount of Rs.37,45,281/- (Rupees thirty seven lakhs forty
five thousand two hundred and eighty one only) as referred
to in the affidavit. "
5. In purported compliance of the order, petitioners
have moved an application to the EPFO for release of the
amount and counsel representing the establishment was
also directed to submit the ECR with regard to the amount
of Rs.37,45,281/- (Rupees thirty seven lakhs forty five
thousand two hundred eighty one only) as referred to in the
affidavit. On 28.06.2024, it was noticed that time was
sought by the counsel representing the establishment of
not submitting of the ECR owing to shortage of staff which
was granted.
6. On 06.09.2024, noticing the previous orders,
giving the preface of the matter, this Court had passed the
following order:
1. On 01.03.2024, a detailed order was passed, the same is
extracted hereinbelow:
This Court, as per the operative part of the judgment,
directed the Regional Provident Fund Commissioner to
pursue the proceedings under Section 8F of the Act.
2. As per the contents of paragraph 10 of the affidavit of
the 3rd respondent Organization, it has been stated that
the dues of the petitioners from September, 2013 to
February, 2015 amounting to Rs.16,78,303/- have been
credited in individual member accounts, which has
already been reconciled with challan details as provided
by the employer establishment on 18.10.2023. The
provident fund of all the petitioners is already reconciled
by the respondent till their date of leaving service as per
the returns filed by the employer. The petitioners have to
prefer their claim to withdraw the updated EPF amount
along with eligible interest. All the petitioners except 29
and 43 are receiving monthly pension. Petitioners 29 and
43 have to apply with the required documents to avail
pension. An amount of Rs.37,45,281/- (Rupees thirty
seven lakhs forty five thousand two hundred and eighty
one only) is lying as unreconciled as the respondent
establishment has not filed the electronic challan cum
return, i.e., the ECR.
3. In paragraphs 10 and 12 of the affidavit of the 3rd
respondent Organization it has been stated as under:-
"10. It is further submitted that the Provident
Fund dues in respect of the petitioners in
WP(C)No.14300 of 2020 for the period 09/2013 to
02/2015 amounting to Rs. 16,78,303/- has been
credited in individual member accounts, which is
already reconciled with chalan details as provided
by the employer establishment on 18/10/2023.
The provident fund of all the petitioners is already
reconciled by the office of this respondent till their
date of leaving service as per the returns filed by
the employer. Petitioners may prefer their claim to
withdraw the updated EPF amount along with
eligible interest. It is further submitted that the
petitioners except, petitioners 29 and 43 are
receiving monthly pension. Petitioners 29 and 43
have to apply with the required documents to avail
pension. It is seen that an amount of
Rs.37.45,281/- is lying as unreconciled as the
respondent establishment has not filed the
electronic challan cum return (ECR).
11. ......
12. It is submitted that the dues in respect of the
employer/establishment have been assessed only
up to 01/2019. Since the establishment is in
default of payment of dues from 02/2019, action
has been initiated to assess the dues from
02/2019 onwards. It is submitted that the
assessment of the dues from 02/2019 onwards
and follow up of compliance related matters in
respect of the employer establishment was kept in
abeyance owing to covid-19 related protocols and
lockdown in place. A notice for Prosecution under
Section 14 of the Act was issued on 18.09.2023 for
nonsubmission of returns pertaining to the period
09/2013 to 01/2019 and from 02/2019 onwards.
Thus, the actual outstanding contributions would
be much more than the above stated amount."
4. During the course of the hearing of the contempt
petition, it is borne out that the allegations made by the
EPFO against the establishment and vice-versa have not
been examined and therefore, the counsel representing
are not able to answer the queries of the court much less
reconciliation of the account, substantial amount is still
awaited.
5. The petitioner shall move an application to the EPFO
for release of the amount stated to have been deposited
as per the contents of the affidavit of the EPFO. In the
mean time, establishment, i.e., represented by
Mr.Thomas Abraham, Standing Counsel, shall submit the
ECR with regard to an amount of Rs.37,45,281/- (Rupees
thirty seven lakhs forty five thousand two hundred and
eighty one only) as referred to in the affidavit. 6. I defer
the hearing of the contempt petition till 24th of May,
2024. Post on 24th of May, 2024."
2. Adv.Nita.N.S, representing EPF submits that on the last date
of hearing ie., on 28.06.2024, Sri.Thomas Abraham submitted
that record of ECR owing to the shortage of staff was not
available, which argument was not appreciated by the Court. It
is also submitted that in the absence of material information
provided by the establishment, prosecution notice has been
issued but the establishment is not responding. I am of the
view that this conduct of the establishment is totally
reprehensible much less contemptuous. I, therefore, direct
Sri.V.S.Rajeev who filed an affidavit on behalf of respondent, to
be present in court on the next date of hearing as to why the
disbursement of amount of Rs.37,00,000/- (Rupees thirty
seven lakhs only) is being delayed by one pretext or the other.
3. Learned counsel for the EPF is directed to bring the
copy of prosecution proceedings, ordered to be served in this
Court only. In the absence of any plausible explanation, this
Court may be constrained to take stringent action against the
alleged contemnor.
Post on 27.09.2024.
7. The order aforementioned reveals that the
conduct of establishment at that relevant point of time was
found to be reprehensible much less contemptuous in not
providing the record of ECR to the EPF for the purpose of
disbursement of dues to the petitioners. A direction was
issued to the EPF to issue prosecution proceedings against
the concerned employees.
8. Today an affidavit has been filed on behalf of the
respondent Nos.1 and 2 as a bench mark, which is taken on
record, in paragraph No.5 it has been stated that since the
amount of Rs.37,45,281/- (Rupees thirty seven lakhs forty
five thousand two hundred eighty one only) which has
already been tallied and compared, there should not be any
difficult for the EPF for settlement of the claim of petitioners
- employees. It has been stated that the establishment
has made deposit on behalf of the employer of
Rs.37,45,281/- (Rupees thirty seven lakhs forty five
thousand two hundred eighty one only) in respect of some
other employees. But the fact remains there is no difficulty
for the EPF to disburse the amount for the purpose of
settling the claims of the petitioners.
9. It has also been contended that W.P.
(C)No.4441/2024 has been filed against the order of the
organization wherein the EPF has filed an affidavit and the
recovery certificate issued by them has been annexed. On
perusal of the recovery certificate, it is evident that though
the liability towards the employer is of Rs.8,61,17,812/- but
at the moment, EPF has deposit on behalf of
establishment/employer to the tune of
Rs.4,10,18,927.79/-.
10. I am of the view, that sufficient amount is lying
deposited with the EPF for the purpose of settlement of the
claims of the petitioners as the EPF will be at liberty to take
appropriate legal steps against the establishment qua non
deposit of dues of the other employees on the
establishment. It is submitted that certain steps for
attachment have been taken, but that cannot be ground for
the EPF to delay the adjudication of the claims of the
petitioners who have already submitted all documents,
including the fact that ECR and account statement are also
in the notice and knowledge of the EPF.
11. In this view of the matter, I issue directions to the
EPF to settle the claims of the petitioners out of the amount
lying with them as reflected in the recovery certificate
before the next date of hearing, failing which, this Court
shall be constrained to take appropriate action against the
Managing Director of the Provident Fund Commissioner in
not adhering and complying with the direction of this Court.
Registry is directed to paginate the bench mark. Post
on 13.12.2024. Presence of the Managing Director is
dispensed with for the time being.
Sd/-
AMIT RAWAL, JUDGE
nak
H/O.
15-11-2024 /True Copy/ Assistant Registrar
