High Court Kerala High Court

Mohammed Noufal vs Employees Provident Fund on 5 January, 2010

Kerala High Court
Mohammed Noufal vs Employees Provident Fund on 5 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 41 of 2010(E)


1. MOHAMMED NOUFAL, MANAGING PARTNER,
                      ...  Petitioner

                        Vs



1. EMPLOYEES PROVIDENT FUND
                       ...       Respondent

2. THE ENFORCEMENT OFFICER,

                For Petitioner  :SRI.T.M.CHANDRAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :05/01/2010

 O R D E R
                        P.N.RAVINDRAN, J.
                      ----------------------------
                    W.P.(C)Nos.41 & 42 of 2010
                      ----------------------------
                      Dated 5th January, 2010

                             JUDGMENT

In these writ petitions filed by the same petitioner,

Ext.P1 inspection report prepared by the second respondent is under

challenge. The petitioner contends that the second respondent has no

power to demand payment of contribution to the Employees’ Provident

Fund and that in the absence of a determination made under Section

7A of the Employees’ Provident Funds and Miscellaneous Provisions

Act, 1952, Ext.P1 cannot be enforced.

2. Sri.V.V.Suresh, the learned standing counsel appearing

for the Employees’ Provident Fund Organization submits that Ext.P1 is

only an inspection report and intimation to the petitioner that he is

bound to comply with the provisions of the Employees’ Provident

Funds and Miscellaneous Provisions Act, 1952 and that if the petitioner

does not comply with Ext.P1, the Employees’ Provident Fund

Organization can only resort to proceedings under section 7A of the

said Act.

3. In the light of the said submission, these writ petitions

are disposed of with the direction that if the petitioner does not comply

WP(C).Nos. 41 & 42 of 2010 2

with the demand made in Ext.P1 inspection report, it will be open to

the first respondent to issue appropriate proceedings under section 7A

of the Employees’ Provident Funds and Miscellaneous Provisions Act,

1952 in accordance with law.

P.N.RAVINDRAN
Judge

TKS