IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 WP(C).No. 5177 of 2005(N) --------------------- PETITIONER : --------------------- THE COMMONWEALTH TRUST (INDIA) LTD., SOUTH MANANCHIRA ROAD, KOZHIKODE-673 001, REPRESENTED BY ITS EXECUTIVE DIRECTOR. BY ADVS. SRI.U.K.RAMAKRISHNAN, SENIOR ADVOCATE SRI.SANDEEP.E. SRI.V.KRISHNA MENON RESPONDENT(S): ------------------------- 1. THE REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANISATION P.B.NO.1806, ERANJIPALAM P.O., KOZHIKODE-673 006. 2. THE RECOVERY OFFICER, OFFICE OF REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANISATION P.B.NO.1806, ERANJIPALAM P.O., KOZHIKODE-673 006. 3. THE ENFORCEMENT OFFICER, OFFICE OF REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION P.B.NO.1806, ERANIPALAM P.O., KOZHIKODE-673 006. 4. THE EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, 60, SKYPARK BUILDING, 7TH FLOOR, NEHRU PLACE, NEW DELHI. *ADDL. R5 TO R7 IMPLEADED *5. THE STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, TRIVANDRUM. ...2/- WP(C).No. 5177 of 2005(N) -2- *6. THE EMPLOYEES STATE INSURANCE CORPORATION, PANCHDEEP BHAVAN, NORTH SWARAJ ROUND, THRISSUR. *7. THE FEDERAL BANK LTD., NADAKKAV WEST, CALICUT - 673 011. *ADDL. R5 TO R7 IMPLEADED AS PER ORDER DTD 19/7/06 IN I.A NO. 9931/06. **ADDL. R8 IMPLEADED **8. K.V. JAYAPRAKASH, AGED 66 YEARS, SON OF LATE. KUNHICHOYI, RESIDING AT LAKSHMI, KOLLAM AT KOYILANDI, KOZHIKODE DISTRICT. **ADDL. R8 IMPLEADED AS PER ORDER DTD. 22/11/06 IN I.A. NO. 12937/06. ***ADDL. R9 IMPLEADED ***9. A.K. ABDUL RAZAK, S/O. A.K. AHMMED, PONNADATHKANDI HOUSE, P.O. KARUVANPOIL, (VIA.) KODUVALLY, CALICUT DISTRICT. ***IS IMPLEADED AS ADDL.R9 AS PER ORDER DT. 23.1.07 IN I.A. NO. 17329/06. ****ADDL.R10 IMPLEADED ****10. CALICUT CITY SERVICE CO-OPERATIVE BANK LTD., NO. D2777, PUTHIYARA, KOZHIKODE, REP. BY ITS SECRETARY. ****ADDL.R10 IMPLEADED AS PER ORDER DTD 4/2/08 IN IA NO. 543/08 *****ADDL.R11 IMPLEADED *****11. THE KOZHIKODE DISTRICT TRAVEL AND TOURISM DEVELOPMENT SOCIETY AND CENTRE FOR PROFESSIONAL EDUCATION (KTDS) LTD NO. 2882 *****ADDL.R11 IMPLEADED AS PER ORDER DTD 4/2/08 IN IA.NO. 1798/08. ******ADDL.R12 IMPLEADED ******12. GIRISH JOHN, AGED 37 YEARS, S/O. K.J. JOHN, RESIDING KUMBATTU VEEDU, PUTHUPADI AMSOM, PADUR DESOM, P.O. KAITHAPOYIL, KOZHOKODE. ******IS IMPLEADED AS PER THE ORDER DT. 6/2/08 IN I.A. NO. 1187/08 ...3/- WP(C).No. 5177 of 2005(N) -3- *******ADDL.R13 & R14 IMPLEADED *******R13. SRI. B. BHASHEER, S/O. BEECHI KOYA GREENERY HOUSE, KASHYAPADI, NELLUR POST, KOZHIKODE. *******R14. HANEEFA, S/O. MUHAMMED KOYA, ASMEE COTTAGE, PUNJAPADOM, NEDUVATTOM, P.O.,NORTH BEPPUR, *******ARE IMPLEADED AS ADDL.R13 & R14 AS PER THE ORDER DATED 6/2/08 IN I.A. NO.1794/08. R1 TO R4 BY ADVS. SRI.N.N. SUGUNAPALAN (SR), SC SRI.THOMAS MATHEW NELLIMOOTTIL, SC SMT.T.N.GIRIJA, SC R5 BY ADV. SRI.P.P.JACOB R6 BY ADV. SRI.P.SANKARANKUTTY NAIR, SC, ESI CORPN. R7 BY ADV. SRI.GEORGE VARGHESE (MANACHIRACKEL) R8 BY ADV. SRI.JACOB ABRAHAM R9 BY ADVS. SRI.SUNNY MATHEW SRI. P. CHANDRASEKHAR R10 BY ADV. SRI. P.P. JACOB R11 BY ADV. SRI.T.A.SHAJI R12 BY ADV. SRI. SRI.ASOK M.CHERIAN BY ADVS. SRI.A.DINESH RAO SRI.S.SREEKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...4/- WP(C).No. 5177 of 2005(N) APPENDIX PETITIONER'S EXHIBITS & ANNEXURES: EXT.P1 : COPY OF THE JUDGMENT DATED 4.6.2002 OF THIS HON'BLE COURT IN O.P. NO. 6892 OF 2002. EXT.P2 : COPY OF RELEVANT PORTION OF PROPOSAL FOR REVIVAL OF PETITIONER SUBMITTED BY THE KERALA STATE PRODUCTIVITY COUNCIL, KALAMASSERY DATED OCTOBER, 2003. EXT.P3 : COPY OF THE ATTACHMENT ORDER DATED 9.4.2003 AND MAHAZAR PREPARED BY THE 2ND RESPONDENT. EXT.P4 : COPY OF THE CORRIGENDUM DATED 2.5.2003 ISSUED BY THE 2ND RESPONDENT AND A REVISED ATTACHMENT ORDER. EXT.P5 : COPY OF THE NOTICE DATED 29.3.2004 PUBLISHED BY THE PETITIONER IN THE NEW INDIAN EXPRESS DAILY DATED 3.4.2004. EXT.P6 : COPY OF THE ORDER OF ATTACHMENT DATED 30.3.2004 MAHAZAR AND ANNEXURE ISSUED BY THE 2ND RESPONDENT. EXT.P7 : COPY OF THE RELEVANT PART OF APPEAL MEMORANDUM ATA 85 (7) 2001 AGAINST ORDER KR/KK/221/ENF. II (4) DAMCELL/2000/1654 DATED 22.6.2000. EXT.P8 : COPY OF THE RELEVANT PART OF APPEAL MEMORANDUM ATA 86 (7) 2001 AGAINST ORDER NO.KR/KK/1058 DAMCELL/ENF.II(4) 99/5527 DATED 17/12/1999. EXT.P9 : COPY OF THE RELEVANT PART OF APPEAL MEMORANDUM ATA 87 (7) 2001 AGAINST ORDER NO.KR/KK/185 ENF.II(4) DAMCELL 2000/ 1128 DATED 29/5/2000. EXT.P10 : COPY OF THE RELEVANT PART OF APPEAL MEMORANDUM ATA 88 (7) 2001 AGAINST ORDER NO.KR/KK/172 ENF.II(4) DAMCELL 2000/ 1415 DATED 12/6/2000. EXT.P11 : COPY OF THE RELEVANT PART OF APPEAL MEMORANDUM ATA 89 (7) 2001 AGAINST ORDER NO.KR/KK/222 ENF.II/ DAMCELL / 2000/ 2461 DATED 3/8/2000. EXT.P12 : COPY OF THE RELEVANT PART OF APPEAL MEMORANDUM ATA 90 (7) 2001 AGAINST ORDER NO.KR/KK/220 ENF.II(5) DAMCELL/ 2000/ 2668 DATED 11/8/2000. (Contd...) WP(C).No. 5177 of 2005(N) EXT.P13 : COPY OF THE RELEVANT PART OF APPEAL MEMORANDUM ATA 91 (7) 2001 AGAINST ORDER NO.KR/KK/1058/ ENF.II(4) DAMCELL/ 2000/ 1160 DATED 30/5/2000. EXT.P14 : COPY OF THE RELEVANT PART OF APPEAL MEMORANDUM AGAINST ORDER NO.KR/KK/221 ENF.II(4) DAMCELL/ 2000/6017 DATED 29/12/2000. EXT.P15 : COPY OF THE RELEVANT PART OF APPEAL MEMORANDUM ATA 80 (7)/2003 AGAINST ORDER NO.KR/KK/220 ENF./DAMCELL-III (5) 02/6427 DATED 7/11/2002. EXT.P16 : COPY OF THE RELEVANT PART OF APPEAL MEMORANDUM ATA 81 (7)/2003 AGAINST ORDER NO.KR/KK/222 ENF./DAMCELL-III (4)/ 02/6801 DATED 21/11/2002. EXT.P17 : COPY OF THE RELEVANT PART OF APPEAL MEMORANDUM ATA 82 (7)/2003 AGAINST ORDER NO.KR/KK/172 ENF./DAMCELL-III (4)/ 02/6803 DATED 21/11/2002. EXT.P18 : COPY OF THE RELEVANT PART OF APPEAL MEMORANDUM AGAINST ORDER NO.KR/KK/221 ENF./DAMCELL-III (3)/ 2002/11964 DATED 20/03/2002. EXT.P19 : COPY OF THE RELEVANT PART OF APPEAL MEMORANDUM AGAINST ORDER NO.KR/KK/185/ ENF./DAMCELL/1262/III(3)/ 2002/11262 DATED 19/02/2002. EXT.P20 : COPY OF JUDGMENT DATED 19.5.2004 IN C.P. NOS. 38/03 AND 39/03 OF THE HON'BLE HIGH COURT OF KERALA. EXT.P21 : COPY OF NOTICE NO. KR/KK/1058/RECOVERY/2005 DATED 10.2.2005 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER. EXT.P22 : COPY OF THE AGREEMENT EXECUTED BETWEEN THE PETITIONER AND SRI. THEKKAT SIDDIQUE DATED 15.4.2005. EXT.P23 : COPY OF THE JUDGMENT DATED 10.3.2005 IN WP(C) 6496 OF 2005 PASSED BY THE HON'BLE HIGH COURT OF KERALA. EXT.P24 : COPY OF LETTER DATED 22.4.2005 SENT BY THE PETITIONER. EXT.P25 : COPY OF THE LETTER DATED 29.4.2005 ISSUED BY THE FIRST RESPONDENT. (Contd...) WP(C).No. 5177 of 2005(N) EXT.P26 : COPY OF STATEMENT PREPARED BY THE PETITIONER AFTER RECTIFYING THE ERRORS AND MISTAKES COMMITTED BY THE RESPONDENTS IN EXT.R1 (C) STATEMENT. EXT.P27(a) : COPY OF CHALLAN DATED 29.6.2005. EXT.P27(b) : COPY OF CHALLAN DATED 29.6.2005. EXT.P27(c) : COPY OF CHALLAN DATED 29.6.2005. EXT.P27(d) : COPY OF CHALLAN DATED 29.6.2005. EXT.P27(e) : COPY OF CHALLAN DATED 29.6.2005. EXT.P27(f) : COPY OF CHALLAN DATED 29.6.2005. EXT.P27(g) : COPY OF CHALLAN DATED 29.6.2005. EXT.P28(a) : COPY OF THE STATEMENTS SHOWING THE DETAILS OF THE PAYMENTS COVERED BY THE PAYMENT OF RS.1 CRORE. EXT.P28(b) : COPY OF THE STATEMENT SHOWING THE DETAILS OF THE PAYMENTS COVERED BY THE PAYMENT OF RS.1 CRORE. EXT.P28(c) : COPY OF THE STATEMENT SHOWING THE DETAILS OF THE PAYMENTS COVERED BY THE PAYMENT OF RS.1 CRORE. EXT.P28(d) : COPY OF THE STATEMENT SHOWING THE DETAILS OF THE PAYMENTS COVERED BY THE PAYMENT OF RS.1 CRORE. EXT.P28(e) : COPY OF THE STATEMENT SHOWING THE DETAILS OF THE PAYMENTS COVERED BY THE PAYMENT OF RS.1 CRORE. EXT.P28(f) : COPY OF THE STATEMENT SHOWING THE DETAILS OF THE PAYMENTS COVERED BY THE PAYMENT OF RS.1 CRORE. EXT.P28(g) : COPY OF THE STATEMENT SHOWING THE DETAILS OF THE PAYMENTS COVERED BY THE PAYMENT OF RS.1 CRORE. EXT.P29 : COPY OF THE CHALLAN DATED 10.6.2005 SHOWING THE PAYMENT OF RS. 3,90,666-00. (Contd...) WP(C).No. 5177 of 2005(N) EXT.P30 : COPY OF THE CHALLAN DATED 4.7.2005 SHOWING THE PAYMENT OF RS. 2,33,624/- EXT.P31 : COPY OF THE AGREEMENT FOR SALE DATED 1.7.2005 EXECUTED BETWEEN THE PETITIONER AND SRI. ABDUL MAJEED THEKKAT. EXT.P32 : COPY OF THE LETTER DATED 18.7.2005 SENT BY THE PETITIONER. EXT.P33 : COPY OF THE REPLY OF THE ASST.PROVIDENT FUND COMMISSIONER DATED 20.7.2005 TO THE PETITIONER. EXT.P34 : COPY OF THE NOTICE DATED 13.6.2005 ISSUED BY THE REGISTRAR OF THE FOURTH RESPONDENT. EXT.P35 : COPY OF THE JUDGMENT DATED 4.10.2005 IN WP(C) NO. 27677 OF 2005. EXT.P36 : COPY OF STATEMENT SHOWING THE DUES AFTER EXAMINING EXT.R1(e) STATEMENT. EXT.P37 : COPY OF THE ALLOCATION STATEMENT DATED 27.4.2006 ISSUED BY THE RECOVERY OFFICER OF THE EPF ORGANISATION. EXT.P38 : COPY OF THE AGREEMENT DATED 14.1.2006 EXECUTED BETWEEN THE PETITIONER AND SRI. C.V. ISMAIL FOR THE SALE OF THE PROPERTY, ITEM NO. 4 IN EXT. P5 PUBLICATION. EXT.P39 : COPY OF THE AGREEMENT DATED 14.1.2006 EXECUTED BETWEEN THE PETITIONER AND SRI. C.V. ISMAIL FOR THE SALE OF THE PROPERTY, ITEM NO. 7 IN EXT. P5 PUBLICATION. EXT.P40 : COPY OF THE ADVERTISEMENT PUBLISHED IN MATHRUBHUMI DAILY DATED 2.7.2006. EXT.P41 : COPY OF THE ADVERTISEMENT PUBLISHED IN THE HINDU DAILY DATED 3.7.2006. EXT.P42 : COPY OF THE TABULATION STATEMENT. EXT.P43 : COPY OF THE TABULATION STATEMENT PREPARED BY THE REGISTRY OF THIS HON'BLE COURT PURSUANT TO THE ORDER OF THIS HON'BLE COURT DATED 27.10.2006 IN THE ABOVE WRIT PETITION. (Contd...) WP(C).No. 5177 of 2005(N) EXT.P44 : COPY OF THE OFFER DATED 7.11.2006 (REVISED) SUBMITTED BY SRI. V. MOHANAN, INDEEVARAM, PUTHIYANIRATH POST ELATHOOR. EXT.P45 : COPY OF THE STATEMENT DATED 4.12.2006 BY SRI. MOHANAN & HIS REPRESENTATIVES WITH THE RESPONDENT. EXT.P46 : COPY OF THE LETTER DATED 12.10.2006 ISSUED BY THE FEDERAL BANK TO THE RESPONDENT COMPANY. EXT.P47 : COPY OF THE ORDER PASSED BY THIS HON'BLE COURT DATED 29.8.2006. EXT.P47 IN I.A. NO. 12820/2008 : COPY OF THE ORDER PASSED BY THIS HON'BLE COURT DATED 28.5.2008. EXT.P48 : COPY OF THE ORDER PASSED BY THIS HON'BLE COURT DATED 18.9.2006. EXT.P48 IN I.A. NO. 12820/2008 : COPY OF THE ORDER PASSED BY THIS HON'BLE COURT DATED 19.6.2008. EXT.P49 : COPY OF THE ORDER PASSED BY THIS HON'BLE COURT DATED 22.11.2006. EXT.P50 : COPY OF THE ORDER PASSED BY THIS HON'BLE COURT DATED 23.1.2007. EXT.P51 : COPY OF THE REGISTERED LETTER DATED 29.3.2007 SENT BY THE PETITIONER TO THE ADDL. 9TH RESPONDENT. EXT.P52 : COPY OF THE LETTER DATED 2.5.2007 SENT BY THE ADDL. 9TH RESPONDENT. ANNEXURE A IN I.A. NO. 4789/2009 : COPY OF THE LETTER DATED 25.2.2009. ANNEXURE A IN I.A. NO.7442/2009 : COPY OF THE REPORT OF MATHRUBHUMI DAILY DATED 3.5.2009. (Contd...) WP(C).No. 5177 of 2005(N) ANNEXURE A IN I.A. NO.7445/2009 : COPY OF THE NOTICE ISSUED BY THE SALES TAX AUTHORITIES. ANNEXURE A IN I.A. NO.7446/2009 : COPY OF THE REPORT OF MATHRUBHUMI DAILY DATED 3.5.2009. ANNEXURE A IN I.A. NO.8697/2011 : COPY OF THE REPORT THAT APPEARED IN THE MATHRUBHUMI DAILY DATED 3.5.2009. ANNEXURE A IN I.A. NO.8697/2011 : COPY OF THE STATEMENT SHOWING THE RATE OF INTEREST AT WHICH THE VARIOUS DEPOSITS WERE BEING RENEWED FROM THE TIME TO TIME. ANNEXURE B IN I.A. NO. 4789/2009 : COPY OF THE LETTER DATED 2.3.2009 SENT BY THE RESPONDENT. ANNEXURE B IN I.A. NO.8697/2011 : COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WP(C) NO. 20151 OF 2009. ANNEXURE B IN I.A. NO.8697/2011 : COPY OF THE STATEMENT SHOWING THE BREAKUP OF THE PROBABLE INTEREST THAT THE PETITIONER WOULD HAVE RECEIVED. ANNEXURE C IN I.A. NO.8697/2011 : COPY OF THE ORDER DATED 30.7.2010 IN I.A. NO. 4066 OF 2010 IN WP(C) NO. 20151 OF 2009. ANNEXURE C IN I.A. NO.8697/2011 : COPY OF THE LETTER DATED 3.5.2011 ISSUED BY THE RESPONDENT. ANNEXURE D IN I.A. NO.8697/2011 : COPY OF THE ORDER DATED 28.3.2011 IN COC NO. 1378 OF 2010. ANNEXURE I IN I.A. NO. 632/2010 : COPY OF THE ORDER OF THE HON'BLE HIGH COURT DATED 4.2.2009. (Contd...) WP(C).No. 5177 of 2005(N) ANNEXURE II IN I.A. NO. 632/2010 : COPY OF THE NOTICE DATED 24.8.2009 ISSUED BY THE FEDERAL BANK. ANNEXURE III IN I.A. NO. 632/2010 : COPY OF THE LETTER DATED 23.10.2009 ADDRESSED TO THE FEDERAL BANK BY THE PETITIONER. ANNEXURE I IN I.A. NO. 665/2010 : COPY OF THE ORDER OF THE HON'BLE HIGH COURT DATED 4.2.2009. ANNEXURE II IN I.A. NO. 665/2010 : COPY OF THE STATEMENT RECEIVED FROM THE ASST. PROVIDENT FUND COMMISSIONER, KOZHIKODE. ANNEXURE III IN I.A. NO. 665/2010 : COPY OF THE 4 LETTERS ADDRESSED TO THE ASST. PROVIDENT FUND COMMISSIONER, KOZHIKODE BY THE PETITIONER. ANNEXURE IV IN I.A. NO. 665/2010 : COPIES OF THE COMMUNICATION (4 IN NUMBER) OF THE ASST. PROVIDENT FUND COMMISSIONER. RESPONDENT'S EXHIBITS & ANNEXURES : EXT.R1 IN I.A. NO. 9930/2006 : COPY OF THE STATEMENT OF ARREARS DUE FROM THE PETITIONER'S FIRM TOWARDS P.F. CONTRIBUTION. EXT.R1(a) : COPY OF LIST OBTAINED FROM THE ESTABLISHMENT WHOSE WAGES EXCEEDS STATUTORY RATE OF RS. 6,500/- EXT.R1(b) : COPY OF LIST OF DETAILS OF AMOUNT DUE FROM THE DIFFERENT UNITS. EXT.R1(b) IN I.A. NO. 16876/2006 : COPY OF THE STATEMENT SHOWING THE DUES ASSESSED AS ON 31.9.2006 IN RESPECT OF THE PETITIONER. EXT.R1(b) IN I.A. NO.9764/2008 : COPY OF THE STATEMENT SHOWING THE DETAILS OF THE AMOUNTS DUE FROM EACH OF THE 8 UNITS. (Contd...) WP(C).No. 5177 of 2005(N) EXT.R1(c) : COPY OF RECOVERY CERTIFICATE OBTAINED FROM THE RECOVERY OFFICER, MANGALORE. EXT.R1(c) IN I.A. NO. 10003/2005 : : COPY OF MODIFIED LIST OF DETAILS OF AMOUNT DUE FROM THE DIFFERENT UNITS OF PETITIONER. EXT.R1(c)(a) IN I.A. NO.9764/2008 : COPY OF THE STATEMENT SHOWING DETAILS OF COMMON WEALTH HONDLOOM WEAVING FACTORY, KOZHIKODE NO.KR/172. EXT.R1(c)(b) IN I.A. NO.9764/2008 : COPY OF THE STATEMENT SHOWING DETAILS OF COMMONWEALTH WEAVING FACTORY, KOZHIKODE NO.KR/185. EXT.R1(c)(c) IN I.A. NO.9764/2008 : COPY OF THE STATEMENT SHOWING DETAILS OF COMMONWEALTH TRUST INDIA LTD., MANGALORE UNIT NO.KR/204. EXT.R1(c)(d) IN I.A. NO.9764/2008 : COPY OF THE STATEMENT SHOWING DETAILS OF COMMONWEALTH TILE FACTORY., PALAKKAD NO.KR/220. EXT.R1(c)(e) IN I.A. NO.9764/2008 : COPY OF THE STATEMENT SHOWING DETAILS OF COMMONWEALTH TILE FACTORY FEROKE., CALICUT NO.KR/221. EXT.R1(c)(f) IN I.A. NO.9764/2008 : COPY OF THE STATEMENT SHOWING DETAILS OF COMMONWEALTH TILE FACTORY, PUTHIYARA, KOZHIKODE NO.KR/222. EXT.R1(c)(g) IN I.A. NO.9764/2008 : COPY OF THE STATEMENT SHOWING DETAILS OF COMMONWEALTH TRUST INDIA LTD., KOZHIKODE NO.KR/1058. EXT.R1(c)(h) IN I.A. NO.9764/2008 : COPY OF THE STATEMENT SHOWING DETAILS OF COMMONWEALTH TRUST INDIA LTD., (EXEMPTED) NO.KR/1058-E. EXT.R1(d) : COPY OF CENTRAL OFFICE LETTER NO. C-II/27 (48)/2002/KR/71309 DATED 29.1.2003. EXT.R1(d) IN I.A. NO. 12144/2005 : FRESH STATEMENT OF CONTRIBUTION, DAMAGES AND 7Q INTEREST SEPARATELY FOR EACH UNIT. (Contd...) WP(C).No. 5177 of 2005(N) EXT.R1(e) : COPY OF DETAILED STATEMENT OF TOTAL DUES AS ON 31-8-2005. EXT.R11(a) IN I.A. NO. 2342/2008 : PHOTOCOPY OF THE BALANCE SHEET OF THE 11TH RESPONDENT SOCIETY ENDED ON 31.10.2007. EXT.R11(a) IN I.A. NO. 10013/2008 : COPY OF THE SKETCH OF THE PROPERTIES. EXT.R11(b) IN I.A. NO. 2342/2008 : PHOTOCOPY OF THE CONSOLIDATED TRIAL BALANCE OF THE RESPONDENT SOCIETY AS ON 31.1.2008. EXT.R11(b) IN I.A. NO. 10013/2008 : COPY OF THE LETTER DATED 24-7-2008 GIVEN BY THE SOCIETY TOT HE GENERAL MANAGER OF THE PETITIONER TRUST. EXT.R11(c) IN I.A. NO. 11299/2008 : COPY COMMUNICATION NO. DIC/242 DATED 31-7-2008 ISSUED BY THE DIRECTOR-IN-CHARGE OF THE PETITIONER TRUST. EXT.R11(d) IN I.A. NO. 11299/2008 : COPY COMMUNICATION NO. DIC/243 DATED 31-7-2008 ISSUED BY THE DIRECTOR-IN-CHARGE OF THE PETITIONER TRUST. EXT.R11(e) IN I.A. NO. 11299/2008 : COPY OF THE SITE PLAN FURNISHED ALONG WITH EXT-R11(d). EXT.R11(f) IN I.A. NO. 11299/2008 : COPY OF THE CERTIFICATE DATED 22-8-2008 ISSUED BY THE DISTRICT CO-OP. BANK, KOZHIKODE. EXT.R11(g) IN I.A. NO. 1287/2010 : COPY OF THE STATEMENT OF ACCOUNTS. EXT.R11(h) IN I.A. NO. 8697/2011 : COPY OF THE NOTICE DATED 16.6.2011 ISSUED BY THE KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD. EXT.R11(i) IN I.A. NO. 8697/2011 : COPY OF THE STATEMENT OF ACCOUNTS. (Contd...) WP(C).No. 5177 of 2005(N) EXT.R12(a) IN I.A. NO. 2919/2008 : : COPY OF THE ORDER OF THE JOINT REGISTRAR DATED 8.2.2008 TO THE 12 TH RESPONDENT. EXT.R12(b) IN I.A. NO. 2919/2008 : COPY OF THE CERTIFICATE DATED 25.2.2008 ISSUED BY THE KOZHIKODE DISTRICT CO-OPERATIVE BANK TO THE 12 THE RESPONDENT. ANNEXURE R1 : COPY OF THE STATEMENT OF THE PETITIONER'S EXTABLISHMENT. //TRUE COPY// P.A. TO JUDGE Mn ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 5177 of 2005 N ``````````````````````````````````````````````````````````` Dated this the 11th day of November, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ The writ petition was initially filed challenging Exts.P4, P6 and P21. Exts.P4 and P6 are two orders of attachment issued by the first respondent on the ground that the petitioner had defaulted payment of the dues under the EPF Act. By Ext.P21, they were informed that the recovery officer will be taking over possession of the attached properties. The ground on which the writ petition was filed was that many of the liabilities for the recovery of which Exts.P4, P6 and P21 were issued were the subject matter of Exts.P7 to P19 appeals which were then pending before the Provident Fund Appellate Tribunal. 2. It is now submitted that during the pendency of this writ petition, all the appeals have been disposed of. With the disposal of the appeals,it is up to the petitioner to work out WPC.5177/05 2 their remedies against the orders passed by the Tribunal and virtually with the said development, the prayers in the writ petition no longer survive for consideration. 3. However, it is now pointed out that various orders were passed by this Court, resulting in disposal of certain immovable properties and distribution of the sale proceeds. It is also pointed out that pursuant to the order dated 04.02.2009 passed by this Court, the petitioner was permitted to file objections to certain demands raised by the PF Organisation. However, despite notices issued by the PF Organisation, petitioner could not file their objections and as a result, communications dated 21.10.2009, copies of which are produced as Annexure-4 series in IA.No.665/2010 were issued, confirming the demands. 4. Petitioner now submits that the failure on their part to respond to the notices was mainly on account of the fact that the factory was under lock out and hence the records were inaccessible. Therefore, counsel requests that they be given an opportunity to file their objections and the first WPC.5177/05 3 respondent may be directed to reconsider the matter with notice to them. 5. Having heard the counsel for the petitioner and also the learned Senior counsel appearing for respondents 1 to 4, I am of the view that having regard to the circumstances pointed out, the first respondent should reconsider the matter as sought for. This is for the reason that the failure of the petitioner to respond to the notices was not wilful. Therefore, I direct that Annexure-4 series produced along with IA.665/2010 shall be treated as notices and that it will be open to the petitioners to file their objections in the matter along with supporting documents to the first respondent. This, the petitioner shall do as expeditiously as possible and at any rate, within six weeks from today. Once objections to Annexure-4 series are filed as above, first respondent will issue notice to the petitioner and take a fresh decision in the matter. With the aforesaid directions, this writ petition is disposed of, leaving open the contentions of both sides and WPC.5177/05 4 also leaving open the rights of the respondents to effect recovery of the amounts that are due to them. Sd/- (ANTONY DOMINIC, JUDGE) aks/11/11 // True Copy // P.A. To Judge WPC.5177/05 5 ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` I.A. No. 748 OF 2009 in W.P.(C) No. 5177 of 2005 N ``````````````````````````````````````````````````````````` Dated this the 1st day of September, 2011 O R D E R ~ ~ ~ ~ ~ ~ Prayer in this I.A. reads as under:- “For the reasons stated in the accompanying affidavit it is humbly prayed that this Hon'ble Court be pleased to permit the petitioner herein to appropriate the sale price of 45 cents of land (property No.3 mentioned in Ext.P43 tabulation statement) i.e., Rs.4,61,25,000/- deposited by the Kozhikode District Co-operative Travel and Tourism Society and Centre for Professional Education Ltd. pursuant to the order dated 19.06.2008 passed by this Hon'ble Court in the account of the petitioner herein with the State Bank of India, Calicut for pay of the following parties as follows:- (A) P.F. Organisations - (1) Arrears of PF Contributions Rs.1,86,10,356.00 (2) Damages under Section 14B of the PF Act. Rs. 17,90,243.00 ------------------------ Total Rs.2,04,00,599.00 ============ WPC.5177/05 6 (B) ESI Contribution Rs. 33,36,005.00 (C) The gratuity for Calicut Weaving & HO superannuated staff as on 31.12.2006. Rs. 50,00,000.00 (D) The gratuity payable to voluntary separated employees of Beach Factory Rs. 40,00,000.00 (E) Sales Tax Rs. 35,03,000.00 (F) Federal Bank Ltd. Rs. 98,85,396.00 ------------------------ Total Rs.4,61,25,000.00 ============ “ From out of the amount deposited by the sixth respondent Society, the admitted liability to the PF Department has already been discharged. The balance amount available in deposit as of now is stated to be `2,07,46,000/-. From out of this amount, `55 lakhs due to the Society in terms of the order dated 24.08.2011 will have to be paid and the balance amount available will be approximately `2,02,00,000/- and the interest, if any. From out of the said amount, the petitioner is permitted to discharge the amount indicated to be due to the ESI Corporation, Gratuity to the WPC.5177/05 7 employees and the Sales Tax dues. The balance amount due will be retained in deposit. (ANTONY DOMINIC, JUDGE) aks/01/09 WPC.5177/05 8 S. SIRI JAGAN, J. `````````````````````````````` W.P. (C) No. 5177 OF 2005 N `````````````````````````````` Dated this the 18th day of September, 2006 O R D E R By order dated 29.8.06, I directed respondents 1 to 3 and 5 to 7 to place on record their views regarding the prayers of the petitioner seeking permission to sell the properties covered by Ext.P38 and P39 in accordance with the said agreements for sale and also in respect of the negotiation, which I had directed the petitioner to conduct with the intending purchasers regarding the other two items. The learned standing counsel for the Provident Fund Organisation, which has first charge over the properties in question, submits that since the petitioner has made advertisements only in Hindu and Mathrubhumi dailies and also in the websites, the same may not be sufficient publication of the applications inviting tenders and that if more wide publicity is given there is every likelihood of getting letter offers. They undertake to advertise the sale inviting offers in all dailies having circulation in the area in question and in Kerala as a whole. In view of the fact that the Provident Fund Organisation has the first charge over the properties in question and also in view of the fact that even according to the WPC.5177/05 9 petitioner the offers received were much below the market value in respect of at least two items, I feel that the Provident Fund Organisation should be given a chance to try for better offers in the matter. Accordingly, I permit the Provident Fund Organisation to advertise the sale in all leading Malayalam and English dailies having circulation in Kerala to ascertain whether better offers can be obtained. The same shall be done within 15 days from today and the offers received shall be submitted before this court unopened. The further proceedings in relation thereto would be decided thereafter. The sale shall be as per the directions of this court only and not in accordance with the statutory provisions under the Employees Provident Funds and Miscellaneous Provisions Act. The efforts of the petitioner pursuant to my order dated 29.8.06 shall be kept pending. Interim stay granted shall stand extended by two months. Post after a month. (S. SIRI JAGAN, JUDGE) aks