High Court Kerala High Court

N.Nandakumar vs The Employees Provident Fund on 6 April, 2010

Kerala High Court
N.Nandakumar vs The Employees Provident Fund on 6 April, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 11669 of 2010(G)


1. N.NANDAKUMAR, MANAGING PARTNER,
                      ...  Petitioner

                        Vs



1. THE EMPLOYEES PROVIDENT FUND
                       ...       Respondent

2. THE REGIONAL PROVIDENT FUND

3. THE ENFORCEMENT OFFICER,

                For Petitioner  :SRI.B.SURESH KUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :06/04/2010

 O R D E R
                K.SURENDRA MOHAN, J.
             -------------------------------------------
                W.P.(C) No.11669 of 2010
             -------------------------------------------
           Dated this the 6th day of April, 2010

                          JUDGMENT

The petitioner is the Managing Partner of M/s Sastha

Enterprises engaged in the processing and exporting of

cashew kernels to foreign countries. According to the

petitioner, he has 10 cashew factories, he employs about

2500 workmen and remits an amount of Rs.1.20 crores as

contribution to the employees provident fund every year.

He has a factory at Enathu in Pathanamthitta District and

also at Kudikodu, which are both covered by the provisions

of the Employees’ Provident Funds and Miscellaneous

Provisions Act, 1952 (the ‘Act’ for short). He has been

remitting contributions due to the employees provident

fund, regularly and without default. While so, acting on

the basis of a complaint made by a Trade Union leader, the

assessment that were completed on the petitioners for the

years 2003-2007 were reopened and the contributions

payable by him were reassessed. According to him, an

exorbitant amount has been demanded as contribution by

WPC No.11669/2010 2

the second respondent. Since the petitioner was

aggrieved by the order of reassessment passed against

him, the petitioner had challenged the same before the

first respondent – Appellate Tribunal by filing an appeal

against the same. Despite the pendency of the appeal,

when coercive steps were initiated against the petitioner

for recovery of the assessed amounts, the petitioner had

approached this Court by filing WPC No.32952/2008.

Ext.P3 is the judgment in the said writ petition. The same

has been disposed of directing the first respondent to

consider the interim prayers made by the petitioner

expeditiously. All further coercive proceedings for

recovery of the amount disputed by the petitioner in his

appeal was also granted.

2. Subsequently the petitioner was served with a

notice requiring him to appear before the first respondent

at Delhi on 3.9.2009. However, since he was not in a

position to proceed to Delhi and to attend the hearing, he

sent Ext.P5 telegram requesting for a postponement of the

hearing. Thereafter, by Ext.P6, his appeal has been

dismissed for the reason that he was not present when the

WPC No.11669/2010 3

case was called by the first respondent on 7.1.2010. The

petitioner has already submitted Ext.P7 petition for

restoration of the appeal. In the meanwhile, he filed W.P.

(C) No.5485/2010 alleging that coercive steps were

initiated against him for recovery of the amounts

demanded, which has been disposed of by Ext.P8

judgment. In view of the said judgment, the petitioner

seeks a similar direction in this case also.

3. Adv.V.V.Suresh who appears for the Employees

Provident Fund Organization, opposes the prayer of the

petitioner pointing out that large amounts are due from

the petitioner to the Employees Provident Fund

Organization and therefore, any order can be granted only

subject to payment of a substantial amount.

4. I notice that the petitioner has already submitted

an application for restoration of his appeal that has been

dismissed for non prosecution. He only prays for

appropriate directions to the effect that coercive steps to

recover the amounts demanded may not be initiated until

his restoration petition is disposed of one way or the other.

5. In the above circumstances, this writ petition is

WPC No.11669/2010 4

disposed of directing the first respondent to consider and

pass orders on the restoration petition filed by the

petitioner evidenced herein by Ext.P7 and to pass

appropriate orders thereon expeditiously, after issuing

notice to and hearing the other parties to the petition also.

Till final orders are passed on Ext.P7, all further coercive

steps to recover the amounts demanded from the

petitioner shall remain stayed.

K.SURENDRA MOHAN,
JUDGE

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