IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931 WP(C).No. 41 of 2010(E) ---------------------------------- PETITIONER: ------------------- MOHAMMED NOUFAL, MANAGING PARTNER, M/S TASTY NUT INDUSTRIES, CHENKULAM, KOLLAM DISTRICT. BY ADVS. MR.T.M.CHANDRAN, MR.S.SUJITH, MR.V.A.SASIDHARAN, MR.JOSEPH ALBIN NEDUMTHALLY. RESPONDENTS: ------------------------ 1. EMPLOYEES PROVIDENT FUND ORGANIZATION, REPRESENTED BY REGIONAL PROVIDENT FUND COMMISSIONER II, SUB REGIONAL OFFICE, KOLLAM. 2. THE ENFORCEMENT OFFICER, EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, KOLLAM -1. R1 & R2 BY MR. V.V. SURESH, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/01/2010,ALONG WITH W.P.(C). NO.42/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. ---------------------------- W.P.(C)Nos.41 & 42 of 2010 ---------------------------- Dated 5th January, 2010 JUDGMENT In these writ petitions filed by the same petitioner, Ext.P1 inspection report prepared by the second respondent is under challenge. The petitioner contends that the second respondent has no power to demand payment of contribution to the Employees' Provident Fund and that in the absence of a determination made under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, Ext.P1 cannot be enforced. 2. Sri.V.V.Suresh, the learned standing counsel appearing for the Employees' Provident Fund Organization submits that Ext.P1 is only an inspection report and intimation to the petitioner that he is bound to comply with the provisions of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 and that if the petitioner does not comply with Ext.P1, the Employees' Provident Fund Organization can only resort to proceedings under section 7A of the said Act. 3. In the light of the said submission, these writ petitions are disposed of with the direction that if the petitioner does not comply WP(C).Nos. 41 & 42 of 2010 2 with the demand made in Ext.P1 inspection report, it will be open to the first respondent to issue appropriate proceedings under section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 in accordance with law. P.N.RAVINDRAN Judge TKS