IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 OP.No. 12487 of 2002(J) ---------- ----------------------- PETITIONER(S): ----------------------- 1. KUZHIMATTAM VANITHA CHARITABLE SOCIETY NO.K.378/1995,REPRESENTED BY ITS PRESIDENT, DR.K.SANTHA DEVI, RESIDING IN NANTHIATHU VEEDU, KUZHIMATTOM KARA, PANACHIKKADU VILLAGE, KOTTAYAM TALUK, HINDU RELIGION AYURVEDIC DOCTOR, AGED 49 YEARS. 2. DR.A.SIVASANKARA PILLAI, S/O. AYYAPPAN PILLAI, RESIDING IN NANTHIATHU VEEDU KUZHIMATTOM KARA, PANACHIKKADU VILLAGE, KOTTAYAM TALUK, HINDU RELIGION, AGED 52 YEARS. BY ADV. MR.N.N.NARAYANA PILLAI RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA, SECRETARIAT BUILDINGS, PUTHANCHANTHA, THIRUVANANTHAPURAM-1. 2. THE REGIONAL PROVIDENT FUND, SUB REGIONAL OFFICE, CHALAKKUZHI BUILDINGS, C.M.S. COLLEGE ROAD, KOTTAYAM. 3. ASSISTANT COMMISSIONER, EMPLOYEES PROVIDENT FUND, SUB REGIONAL OFFICE, CHALAKKUZHI BUILDINGS, C.M.S. COLLEGE ROAD, KOTTAYAM. BY MR.N.N. SUGUNAPALAN, SC, P.F. FOR R2 TO 5 GOVERNMENT PLEADER MR.P.K.RAVIKUMAR THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 20/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.21287/2002 IN OP. NO.12487/2002 Dismissed 20.02.2009 SD/- K.SURENDRA MOHAN, JUDGE APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE ORDER DT. 15.8.95 LIST SHOWING THE NAME OF VANITHA MEMBERS WHO CONTRIBUTED AMOUNTS FOR STARTING THE HOSPITALS. P2:- COPY OF THE RESOLUTION PASSED STOPPING FOR EVER THE CONDUCTING OF THE TWO HOSPITALS BY IST PETITIONER DT.31.10.98. P2(a):- COPY OF THE RESOLUTION PASED AT THE BOARD MEETING OF THE DIRECTORS OF VANITHA CHARITABLE SOCIETY FOR STOPPING THE HOSPITALS DT. 7.10.98. P3:- COPY OF THE MINUTES OF ANNUAL GENERAL BODY MEETING OF KUZHIMATTAM VANITHA CHARITABLE SOCIETY DT. 11.10.98. P4(a):- SERIES – RECEIPT DT. 10.12.99 GIVEN BY PRAMILA SOMAN, EMPLOYEE OF CHINGAVANAM MEDICAL CENTRE FOR RS. 12500/- ON VOLUNTARILY TERMINATING HER SERVICE IN THAT HOSPITALS. P4(b):- RECEIPT DT. 11.12.99 TO IST PETITIONER ON RECEIVING RS. 12500 ON RELINQUISHMENT OF HER POST IN CHINGAVANAM MEDICAL CENTRE. P4(c):- RECEIPT DT. NIL EXECUTED BY ASHAMOL, EMPLOYEE OF CHINGAVANAM MEDICAL CENTRE FOR HAVING RECEIVED FROM IST PETITIONER RS. 10000/- IN TOTAL SATISFACTION FOR RELINQUISHING her JOB VOLUNTARILY. P4(d):- IS A SIMILAR RECEIPT GIVEN TO IST PETITIONER ON 11.12.99 BY ANOTHER EMPLOYEEOF CHINGAVANAM MEDICAL CENTRE TOWARDS EMPLOYEE OF CHINGAVANAM MEDICAL CENTRE TOWARDS COMPENSATION BY SARASAMMA RAMACHANDRAN. P4(e):- IS A RECEIPT FOR HAVING RECEIVED ON 11.12.99 BY ANOTHER EMPLOYEE OF CHINGAVANAM MEDICAL CENTRE ON 11.12.99 BY NAME SUBHASH CHANDRAN ON RECEIVING RS. 12000 IN TOTAL SATISFACTION OF THE COMPENSATION DUE FOR TERMINATION OF SERVICES. P4(f):- DT. 10.12.99 IS A RECEIPT FOR RS.11000/- GIVEN TO IST PETITIONER, AN EMPLOYEE OF CHINGAVANAM MEDICAL CENTRE ON TENDERING RESIGNATION OF HER JOB IN THAT HOSPITAL. OP. NO.12487/2002 P4(g):- DT. 12.12.1999 IS ANOTHER RECEIPT FOR RS. 11000/- HANDED OVER TO IST PETITIONER BY ONE K.V.SINIMOL AN EMPLOYEE OF KURICHI MEDICAL CENTRE AS COMPENSATION FOR THE SERVICES OF HER JOB IN THAT HOSPITAL ON ITS WINDING UP. P4(h):- RECEIPT DT. 12.12.99 FOR RS. 11000/- GIVEN BY ONE K.M.UNNIKRISHNAN, AN EMPLOYEE OF KURICHI MEDICAL CENTRE IN COMPLETE SATISFACTION OF THE COMPENSATION FOR GIVING UP HIS JOB IN KURICHI MEDICAL CENTRE. P4(i):- DT. 14.12.99 IS RECEIPT FOR RS. 11000/- GIVEN BY BNDU ABRAHAM OF KURICHI MEDICAL CENTRE TO IST PETITIONER AS COMPENSATION FOR HAVING GIVEN UP HER JOB IN THAT HOSPITAL. P4(j):- IS ANOTHER RECEIPT DT. 15.12.99 GIVEN BY AN EMPLOYEE OF KURICHI MEDICAL CENTRE TO IST PETITIONER AS COMPENSATION FOR HAVING LOST HER JOB IN THAT HOSPITAL. P4(k):- DT. 16.12.99 IS A RECEIPT FOR RS. 11000/-BY ONE MANJUMOL TO IST PETITIONER AS COMPENSATION FOR THE LOSS OF HER JOB IN CHINGAVANAM MEDICAL CENTRE. P5:- LETTER DT. 4.11.98 GIVEN BY THE DIRECTOR OF BHARATHA MATHA COLLEGE OF MEDICAL TECHNOLOGY TO 2ND PETITIONER AS ADMINISTRATOR OF CHINGAVANAM MEDICAL CENTRE. P6:- COPY OF THE LETTER DT. 18.10.2000 SENT TO THE 2ND PETITIONER DESCRIBING HIM AS THE PROPRIETOR OF CHINGAVANAM MEDICAL CENTRE BY P.THOMAS, THE ENFORCEMENT OFFICER. P7:- DT. 18.10.2000 COPY OF LETTER SENT BY 2ND PETITIONER TO THE REGIONAL PROVIDENT FUND COMMISSIONER. P8:- COPY OF THE LETTER SENT BY IST PETITIONER TO THE ENFORCEMENT OFFICER DT. 25.9.99. P9:- COPY OF THE LETTER SENT BY 2ND PETITIONER TO THE REGIONAL PROVIE FUND COMMISSIONER DT. 27.10.2000. P10:- COPY OF THE ORDER PASSED BY THE REGIONAL PROVIDENT FUND COMMISSIONER REQUIRING THE PETITIONERS TO REMIT RS. 364280/- TOWARDS PROVIDENT FUND. P11:- COPY OF THE ORDER PASSED BY THE HONOURABLE HIGH COURT IN OP. NO.24807/01 REQUIRING THE REGIONAL PROVIDENT FUND COMMISSIONER, KOTTAYAM TO REVIEW THE ORDER PASSED BY HIM IN CASE A REVIEW PETITION IS FILED BY THE PARTIES DT. 21.8.01. P12:- COPY OF THE REVIEW PETITION FILED BY THE PETITIONERS THROUGH ADVOCATE BEFORE THE REGIONAL PROVIDENT FUND COMMISSIONER DT. 12.9.01. P13(a) TO ©:- COPY OF THE MEDICAL CERTIFICATE ISSUED AFTER SUBJECTING THREE ENFORCEMENT OFFICERS TO MEDICAL TEST. DT. 24.7.01. OP. NO.12487/2002 P14:- COPY OF THE ORDER PASSED BY THE ASSISTANT PROVIDENT FUND COMMISSIONER DISMISSING THE REVIEW PETITION WITHOUT HEARING THE PETITONERS' COUNSEL DT. 22.1.02. RESPONDENT'S EXHIBITS R2(a):- COPY OF THE LIST OF EMPLOYEE'S FURNISHED BY THE 2ND PETITIONER. R2(b):- COPY OF THE DAILY ORDER SHEET DT. 9.10.01. R2(c):- COPY OF THE RELEVANT DAILY ORDER SHEET. /TRUE COPY/ P.S. TO JUDGE tss K. SURENDRA MOHAN, J ------------------------------------------------------------ O.P. NO: 12487 OF 2002-J ----------------------------------------------------------- Dated this the 20th February,2008. JUDGMENT This original petition is filed by the petitioners challenging the proceedings of the Assistant Provident Fund Commissioner, Kottayam dated 22.1.2002 evidenced by Ext.P14. As per the impugned proceedings, a petition for review filed by the petitioners under Section 7B of the Employees Provident Fund Miscellaneous Provisions Act, 1952. 2. The first petitioner is the president of Kuzhimattom Vanitha Charitable Society No: K.378/95, Chingavanam and she has filed the original petition representing the society. The second petitioner is the husband of the first petitioner and he was the Administrator of two hospitals conducted by the Society. The Society was registered in 1995 and they have been running two hospitals by name Chingavanam Medical Centre, Chingavanam and Kurichi Medical Centre, Kurichi. According to the third respondent, the hospitals were liable to be covered under the Employees Provident Fund and Miscellaneous Provisions Act,1952 (hereinafter referred to as the 'Act'). Accordingly enquiry under Section 7A of O.P.No: 12487/2002 2 the Act was conducted on 30.1.2001 and the dues of the petitioners were assessed from 10/97 to 9/00 and such order was issued on 7.2.2001. According to the third respondent, the hospitals are covered under Code No: K.R/15524 with effect from 30.9.1997. Thereupon, O.P.24801/2001-C was filed before this Court challenging the applicability of the Act. The original petition was disposed of by judgment dated 21.8.2001 directing the petitioners to file a review petition under Section 7B of the Act. Pursuant to the above direction, the petitioners filed a review petition under Section 7B. The review petition has been dismissed by the impugned proceedings, Ext.P14. 2. According to the petitioners, the two units are distinct and separate and the combined strength of the employees in both the units would not exceed 20. It is seen that very same contentions were raised before the authorities in the review petition also. The Assistant Provident Fund Commissioner, Kottayam has considered the matter elaborately and has found that the contentions are not substantiated by the petitioners by producing any evidence in support of the same. Therefore, the review petition has been dismissed. 3. The counsel for respondents 2 to 5 pointed out that a O.P.No: 12487/2002 3 remedy by way of appeal has been provided by Section 7I of the Act. 3. A reading of Section 7I shows that a remedy by way of appeal has been provided against the order passed in exercise of the power of review under Section 7B of the Act, to the Tribunal. The petitioners having exhausted the said effective alternate remedy for the said reason also. The petitioners are not entitled to any relief in the above O.P. In view of the above the original petition fails and is hereby dismissed. No costs. K. SURENDRA MOHAN Judge jj O.P.No: 12487/2002 4 K. SURENDRA MOHAN, J. ---------------------------------- O.P.NO:12487 OF 2002-J ---------------------------------- JUDGMENT Dated: 20th February, 2009.