High Court Kerala High Court

Kanakam Cherian vs The Assistant Provident Fund on 5 August, 2010

Kerala High Court
Kanakam Cherian vs The Assistant Provident Fund on 5 August, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 37575 of 2009(N)


1. KANAKAM CHERIAN,BRANCH MANAGER,
                      ...  Petitioner

                        Vs



1. THE ASSISTANT PROVIDENT FUND
                       ...       Respondent

2. THE GENERAL MANAGER,ALAPPUZHA DISTRICT

3. SHERTHALAI COIR MATS AND MATTINGS

4. THE PROJECT OFFICER(COIR),O/O.THE COIR

                For Petitioner  :SRI.MURALI PURUSHOTHAMAN

                For Respondent  :SRI.S.GOPAKUMARAN NAIR (SR.)

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :05/08/2010

 O R D E R

THOTTATHIL B.RADHAKRISHNAN, J.

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W.P.(C).No.37575 of 2009-N

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Dated this the 5th day of August, 2010.

Judgment

1.The third respondent co-operative society is

provided with certain funds by the State

Government. Such funds lie in an account

maintained by the third respondent with the

Alappuzha District Co-operative Bank of which,

the petitioner is the Branch Manager. The third

respondent society can utilise such funds by

withdrawing it from the District Co-operative

Bank only with the counter signature of the

competent authority in the Coir Board. Obviously,

therefore, the money cannot be treated as

belonging to the third respondent since it is

only part of the funds under the control of the

Government, for being utilised through the

controlling authorities, namely, the Government

and the Coir Board.

2.On the allegation that the third respondent is a

defaulter of dues under the E.P.F.& M.P.Act,

WPC37575/09 -: 2 :-

1952, orders were issued essentially requiring

the District Co-operative Bank to pay such

amounts from the account of the third respondent

society to the E.P.F.Organisation. Though the

Branch Manager replied to that request, she now

faces personal action by attachment of her salary

as if she is a deemed employer and defaulter. On

the afore-noted facts, the said action by the

authorities under the E.P.F. & M.P.Act are wholly

misplaced and without jurisdiction.

3.For the aforesaid reasons, the impugned

proceedings as against the petitioner are

quashed.

4.However, this judgment will not preclude the

E.P.F.Organisation from taking appropriate action

against the third respondent society. The

Government and the official respondents shall

take appropriate care to ensure that the money

released to the society is not misused except for

activities under the control of the Coir Board.

This judgment does not affect the right, if any,

of the EPF Organisation to move the Government

WPC37575/09 -: 3 :-

and the Coir Board for relief, if any, in

accordance with law.

The writ petition is ordered accordingly.

THOTTATHIL B.RADHAKRISHNAN,
JUDGE.

Sha/1308