IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 WP(C).No. 895 of 2009(F) ------------------------ PETITIONER(S): --------------- M/S MARANELLOOR KSHEERA VYVASAYA SAHAKARANA SANGAM LTD., KOOVALASSERY PONGAMOODU, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY K. GOPALAKRISHNAN NAIR. BY ADV. SRI.P.V.BABY SRI.R.KIRAN RESPONDENT(S): --------------- THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FND ORGANIZATION REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM 695 004. ADV. SRI.N.N. SUGUNAPALAN, SC, P.F. FOR R1 SMT.T.N.GIRIJA, SC,EPF ORGANISATION FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).895/2009 -------------------- Dated this the 29th day of June, 2009 JUDGMENT Petitioner, a Society registered under the Kerala Co-operative Societies Act, was sought to be covered by the Employees' Provident Funds and Miscellaneous Provisions Act. It seems that an amount of Rs.3,14,885/- was recovered even before an order was passed under Section 7A of the E.P.F & M.P. Act. The said order has been challenged by the petitioner before the appellate Tribunal and the appeal is pending consideration. 2. In the meanwhile, the primary Co-operative Societies have been exempted from the purview of the Act, by a notification dated 30.6.2006 issued under Section 17 of the Act. Thus, irrespective of the validity of Ext.P1 or the decision which the appellate Tribunal may take in this regard, amounts which have already been recovered from the petitioner is bound to be transferred to the authority constituted for the purpose W.P.(C).895/09 2 of the Co-operative Societies. Learned counsel for the respondent assures that this shall be done without delay, provided a formal application is made in this behalf by the petitioner. Submission is recorded. Writ petition is accordingly disposed of. V.GIRI, Judge mrcs