IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 34027 of 2009(W)
1. M/S. TASTY NUT INDUSTRIES,
... Petitioner
Vs
1. THE ENFORCEMENT OFFICER, OFFICE OF THE
... Respondent
2. EMPLOYEES PROVIDENT FUND ORGANIZATION,
For Petitioner :SRI.T.M.CHANDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :14/12/2009
O R D E R
S.SIRI JAGAN, J.
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W.P.(C).No. 34027 of 2009
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Dated this the 14th day of December, 2009
J U D G M E N T
The petitioner is aggrieved by Ext.P1 communication received by the
petitioner from the 1st respondent, wherein the 1st respondent has directed
the petitioner to remit the contributions and administrative charges, submit
returns and statements under the Employees’ Provident Funds and
Miscellaneous Provisions Act to the Sub Regional Office/Regional Office,
Kollam. According to the petitioner, prior to issuing Ext.P1 communication,
no computation of the contributions due has been made under Section 7A of
the Employees’ Provident Funds and Miscellaneous Provisions Act, without
which, no contribution can be demanded from the petitioner.
2. The learned standing counsel appearing for the Provident Fund
Organization, on instructions, submits that Ext.P1 is only an intimation to the
petitioner that he is liable to comply with the provisions of the Act. According
to the learned standing counsel, now that the petitioner objects, Ext.P1
would not be enforced without first computing the contributions by resort to
proceedings under Section 7A of the Act. This is recorded and the writ
petition is closed.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge