High Court Kerala High Court

M/S.Vishnu Cashew Company vs The Employeesprovident Fund … on 6 September, 2010

Kerala High Court
M/S.Vishnu Cashew Company vs The Employeesprovident Fund … on 6 September, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 25805 of 2010(A)


1. M/S.VISHNU CASHEW COMPANY
                      ...  Petitioner

                        Vs



1. THE EMPLOYEESPROVIDENT FUND ORGANIZATION
                       ...       Respondent

2. THE ASSISTANT PROVIDENT

                For Petitioner  :SRI.M.DINESH

                For Respondent  :SRI.V.V.SURESH,SC,EPF.ORGANISATION

The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :06/09/2010

 O R D E R
                           C.T. RAVIKUMAR, J.
                    --------------------------------------------
                       W.P.(C). NO.25805 OF 2010
                    --------------------------------------------

                 Dated this the 6th day of September, 2010


                                 JUDGMENT

The petitioner, who is the Proprietor of M/s.Vishnu Cashew

Company covered under the Employees’ Provident Fund and

Miscellaneous Provisions Act, 1952 (for short ‘EPF Act’ only) filed this

Writ Petition challenging Ext.P3. Ext.P3 is the proceedings of the first

respondent directing the second respondent to continue with the enquiry

under Section 7A of the EPF Act to determine the dues in respect of the

petitioner’s establishment. Ext.P3 has been challenged mainly on the

ground of failure to strictly adhere to the procedures prescribed under

paragraph 26-B of the Employees’ Provident Fund Scheme, 1952. It is

contented that the employees were not summoned and examined in terms

of paragraph 26-B of the EPF Scheme, by the first respondent. Obviously,

the petitioner is aggrieved by the finding with respect to the non-

enrollment of 28 employees, who, according to the authorities, employed

by the establishment but were denied the EPF benefits. Earlier, the

petitioner on receipt of notice of enquiry under Section 7A requested for

W.P.(C) NO.25805/2010 2

an enquiry in terms of paragraph 26-B of the EPF scheme. Apparently,

after accepting the request of the petitioner, proceedings pursuant to

issuance of notice under Section 7A of the EPF Act were kept in abeyance

and the Regional Provident Fund Commissioner initiated enquiry in terms

of paragraph 26-B of the EPF Scheme. It is in the said proceedings that

the aforementioned finding was made after perusing the records and

affording an opportunity of being heard to the petitioner. As per Ext.P3,

the petitioner has to enroll all the 28 identified employees as reported by

the Enforcement Officer in his report dated 17.8.2009 into the Employees’

Provident Fund. It was in the said circumstances that the second

respondent was directed to continue with the enquiry under Section 7A of

the EPF Act and to determine the dues in respect of the petitioner’s

establishment.

2. Evidently, as per Ext.P3, the first respondent directed the

second respondent only to continue with the enquiry under Section 7A of

the EPF Act for which notice was already served on the petitioner and to

determine the dues in respect of the petitioner’s establishment. If the

petitioner is ultimately aggrieved by the order passed on the conclusion of

the enquiry under Section 7A, it will be open to the petitioner to prefer an

W.P.(C) NO.25805/2010 3

appeal against such an order of the competent authority. In other words, in

case of an adverse order in the enquiry under Section 7A of the EPF Act, it

will leave the petitioner remediless since such an order would be

appealable. Admittedly, the petitioner had not taken any steps to get the

said 28 employees examined in the proceedings in terms of paragraph 26-

B of EPF Scheme. That apart, the said 28 identified employees cannot be

said to be aggrieved by Ext.P3 order. In view of the said position available

in this Writ Petition, I am not inclined to interfere with Ext.P3 whereby the

first respondent only directed the second respondent to continue with the

enquiry under Section 7A of the Act. In view of the fact that earlier, a

notice under Section 7A has been issued, necessarily it has to attain its

logical conclusion. In fact, that alone has been directed by the first

respondent. Therefore, I do not find any merit in this Writ Petition.

Subject to the above observations, this Writ Petition is dismissed.

(C.T. RAVIKUMAR, JUDGE)

spc

W.P.(C) NO.25805/2010 4

C.T. RAVIKUMAR, J.

JUDGMENT

September, 2010

W.P.(C) NO.25805/2010 5