IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.M.SHAFFIQUE THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 WP(C).No. 19118 of 2011(L) -------------------------------------- PETITIONER(S): ---------------------- PRATHEEP VIJAYAN, S/O.VIJAYAN, PROPRIETOR, VIJAYA CASHEW COMPANY, CHOWALLOOR, EZHUKONE, KOLLAM, RESIDING AT VIJAYA MANDIRAM, KUNDARA P.O., KOLLAM DISTRICT. BY ADVS. SRI.B.MOHANLAL SRI.SAIJU S. SRI.T.PRASAD RESPONDENT(S): ------------------------- 1. THE EMPLOYEES PROVIDENT FUND ORGANIZATION REPRESENTED BY THE REGIONAL PROVIDENT FUND COMMISSIONER, REGIONAL OFFICE, 'BHAVISHYANIDHI BHAVAN', PATTOM PALACE P.O., THIRUVANANTHAPURAM - 4. 2. THE ASSISTANT PROVIDENT FUND COMMISSIONER, THE EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, KOLLAM - 691 001. 3. THE ENFORCEMENT OFFICER, THE EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, KOLLAM - 691 001. 4. THE RECOVERY OFFICER, THE EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, KOLLAM - 691 001. R1 TO R4 BY ADV. SRI.V.V.SURESH,SC,EPF.ORGANISATION THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DSV/- WP(C).No. 19118 of 2011(L) APPENDIX PETITIONER'S EXHIBITS: P1:- COPY OF THE ORDER NO:KR/KLM/22024/ENF.1(2)/2008 DATED 10/11/2008 ISSUED BY THE 2ND RESPONDENT. P2:- COPY OF THE REVIEW UNDER SECTION 7A(4) OF THE EMPLOYEES PROVIDENT FUND AND MISCELLANEOUS PROVISIONS ACT FILED BY PETITIONER BEFORE THE 2ND RESPONDENT ON 29.06.2011. P3:- COPY OF THE ORDER NO:KR/KLM/22024/ENF.1(2)/2011/2185 DATED 28.07.2011 ISSUED BY THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE DSV/- A.M.SHAFFIQUE, J * * * * * * * * * * * * * W.P.C.No.19118 of 2011 ---------------------------------------- Dated this the 10th day of November 2011 J U D G M E N T The petitioner is a proprietor of a covered establishment under the Employees Provident Fund and Miscellaneous Provisions Act (hereinafter referred to as 'the Act'). An order is passed by the second respondent on 06/08/2008 directing the establishment to remit an amount of Rs.15,31,478/- by virtue of powers under Section 7A of the Act. The petitioner filed Review petition under Section 7A(4) of the Act which was rejected as per order dated 28/7/2011 (Ext.P3). 2. It was contended that the petitioner did not get a copy of the order passed under Section 7A of the Act. According to him, he was not available in the station and he had to leave the place on account of suffering huge financial loss in the business. 3. It seems that the petitioner applied for a certified copy of the order passed under Section 7A of the Act which he received as per Ext.P1 and thereafter filed a review petition Ext.P2 which is now rejected on the ground that review is filed beyond the time stipulated under the Act. W.P.C.No.19118/2011 2 4. The learned Standing Counsel appearing for the respondents vehemently opposes the above submission and according to him, the order had been passed pursuant to an inspection conducted by the authorities in the establishment. Several opportunities had been granted to the petitioner for submission of records and to submit his objection to the assessment; but the petitioner did not appear to contest the case. The order under Section 7A of the Act was sent by registered post; but it was returned by the postal authorities. 5. The petitioner, on the other hand, requests for an opportunity to submit the necessary records before the competent authority to establish that he is not liable to pay such a huge amount. It is seen from the records which had been placed before this Court that the order under Section 7A of the Act was sent to the factory address of the petitioner. Though it had been returned by the postal authorities, no attempt is seen made to send the order to the residential address of the petitioner which was available with the said authority. According to the petitioner, his review petition is in time since he got the order only by Ext.P1 and it appears so. W.P.C.No.19118/2011 3 6. Under these circumstances, considering the over all facts and circumstances of the case and especially huge amount involved in the matter, it is necessary that an opportunity has to be granted to the petitioner to ventilate his grievance. In that view of the matter, this writ petition is disposed of with the following directions: i) The 2nd respondent shall take the review petition Ext.P2 on file and consider the same in accordance with law after giving an opportunity to the petitioner to submit the necessary statement or records. ii) Until disposal of Ext.P2, all recovery proceedings shall be kept in abeyance. iii) The review petition shall be disposed of within a period of six months from the date of receipt of a copy of this judgment. (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr // True Copy// W.P.C.No.19118/2011 4 W.P.C.No.19118/2011 5 W.P.C.No.19118/2011 6 THOMAS.P.JOSEPH,J. Crl.M.C.No. of 200 ORDER 19/01/2011