IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 WP(C).No. 15447 of 2006(L) -------------------------- PETITIONER(S): --------------- M/S. SP FORT HOSPITAL, FORT, THIRUVANANTHAPURAM, REPRESENTED BY THE CHIEF EXECUTIVE DR.P. ASHOKAN. BY ADV. SRI.SAJU.S.A RESPONDENT(S): --------------- 1. THE REGIONAL PROVIDENT FUND COMMISSIONER, BHAVISHYA NIDHI BHAVAN, PATTOM PALACE P.O., THIRUVANANTHAPURAM. 2. THE EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, NEW DELHI. 3. THE RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND, BAVISHYA NIDHI BHAVAN, PATTOM PALACE P.O., THIRUVANANTHAPURAM. ADV. SRI.N.N. SUGUNAPALAN, SC, P.F. FOR R1 & 3 SMT.T.N.GIRIJA, SC,EPF ORGANISATION FOR R1 & 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER PASSED BY THE FIRST RESPONDENT DATED 25.7.2002 EXT.P2 TRUE COPY OF THE APPLICATION TO SET ASIDE THE EXPARTE ORDER DATED 2.8.2002 EXT.P3 TRUE COPY OF THE APPEAL MEMORANDUM A7 A661 (7)/02 BEFORE THE 2ND RESPONDENT FOR SETTING ASIDE THE ORDER DATED 27.7.2002 EXT.P4 TRUE COPY OF THE STATEMENT DATED 13.6.2003 BY THE FIRST RESPONDENT. EXT.P5 TRUE COPY OF THE JUDGMENT DATED 22.2.2006 IN WPC 5300 OF 2006 EXT.P6 TRUE COPY OF THE STATEMENT FILED BY THE PETITIONER. EXT.P7 TRUE COPY OF THE CROSS EXAMINATION STATEMENTS OF THE ENFORCEMENT OFFICER SMT. K.P. VALSALA DATED 13.4.2006 EXT.P8 TRUE COPY OF THE CROSS EXAMINATION STATEMENTS OF THE ENFORCEMENT OFFICER SMT. M.V. ELSAMMA, DATED 13.4.2006 EXT.P9 TRUE COPY OF THE AFFIDAVIT OF SHEEBA S.L. DATED 8.4.2006 EXT.P9(a) TRUE COPY OF THE AFFIDAVIT OF RENUKA G. NAIR DATED 8.4.2006 EXT.P9(b) TRUE COPY OF THE AFFIDAVIT OF SHEEJA, J. DATED 8.4.2006 EXT.P9(c) TRUE COPY OF THE ;AFFIDAVIT OF SARITHA DATED 8.4.2006 EXT.P10 TRUE COPY OF THE ORDER DATED 24.4.2006 IN PROCEEDINGS NO. KR/TVM/16364/Enf 1(a)/2006 OF THE 1ST RESPONDENT. EXT.P11 TRUE COPY OF THE REVISION MEMORANDUM DATED 12.4.2006 EXT.P12 TRUE COPY OF THE ORDER DATED 15.5.2005 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 15447 OF 2006 -------------------------------------------- Dated this the 4th day of June, 2009 JUDGMENT The dispute pertains to petitioner's liability to pay contribution of provident fund in respect of 8 employees. While the case of the first respondent is that all these 8 persons found to be employed during inspection by the Enforcement Officer are employees to be covered under the Employees Provident Fund scheme, the case of the petitioner is that those persons were trainees. However, pursuant to the direction issued by this Court in another Writ Petition, the first respondent reconsidered the matter vide Ext.P10 and the original order was again reaffirmed. Strangely first respondent has not bothered to consider whether these trainees continued in service in 2006 because the claim of their temporary employment as trainees was in the year 2000. Petitioner confirms that four of them continued in service and the balance are not in service. I do not think there is any need to consider petitioner's liability for payment of contribution to trainees who have left service. However, whoever continued in service were liable to be 2 covered. First respondent has no case that any subsequent inspection was carried out after the original inspection based on which Ext.P1 was issued. 2. In the circumstances, W.P. is disposed of directing the petitioner to furnish details of trainees who left the service after the impugned order was passed and the date of their leaving service for modifying the impugned order. First respondent is directed to issue fresh orders after inspection if necessary and after enquiry about the details furnished by the petitioner. Fresh orders will be issued in modification of the impugned order by the first respondent within a period of six weeks from the date of receipt of a copy of this judgment. Petitioner will furnish details as above within two weeks from now, along with a copy of this judgement. Issue photocopy tomorrow itself. (C.N. RAMACHANDRAN NAIR) Judge kk 3