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