IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 WP(C).No. 25821 of 2004(Y) -------------------------- PETITIONER(S): --------------- NIRMITHI KENDRAM, NIRMITHI COMPLEX, PALLITHOTTAM, KOLLAM, REPRESENTED BY ITS MEMBER SECRETARY. BY ADV. SRI.BECHU KURIAN THOMAS RESPONDENT(S): --------------- 1. EMPLOYEES PROVIDENT FUND ORGANIZATION, REGIONAL OFFICE, BHAVISHYA NIDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, KERALA. ADV. SRI.N.N. SUGUNAPALAN, SC, P.F. FOR R1,2 GOVERNMENT PLEADER SMT.DEEPA K.R. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.25821/2004 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : TRUE COPY OF THE APPEAL MEMORANDUM ALONG WITH THE ORDER DATED 17.06.2002. EXHIBIT P2 : TRUE COPY OF THE ORDER DATED 21.05.2004 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P3 : TRUE COPY OF THE LETTER DATED 24.06.2007 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT. EXHIBIT P4 : TRUE COPY OF THE LETTER DATED 13.08.2004 ISSUED BY THE MANAGER, DENA BANK TO THE PETITIONER. EXHIBIT P5 : TRUE COPY OF THE ORDER DATED 15.07.2004 PURPORTED TO HAVE BEEN ISSUED UNDER SECTION 8(F) OF THE ACT BY THE 2ND RESPONDENT. EXHIBIT P6 : TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 25.08.2004 SEND BY THE PETITIONER. RESPONDENT'S EXHIBITS ANNEXURE - R2(a) : TRUE COPY OF THE ACKNOWLEDGEMENT CARD FOR THE NOTICE SENT BY THE 2ND RESPONDENT TO THE PETITIONER. ANNEXURE R2(b) : TRUE COPY OF THE ACKNOWLEDGEMENT CAR FOR THE NOTICE SENT BY THE 2ND RESPONDENT TO PETITIONER ON 18.12.2003 ANNEXURE R2(c) : TRUE COPY OF THE ACKNOWLEDGEMENT CARD FOR THE NOTICE SENT BY THE 2ND RESPONDENT TO THE PETITIONER ON 09.01.2004 ANNEXURE R3(d) : TRUE COPY OF THE ACKNOWLEDGEMENT CARD FOR THE NOTICE SENT ON 31.03.2004 BY THE 2ND RESPONDENT TO THE PETITIONER. /TRUE COPY/. P.A. TO JUDGE P.R. RAMACHANDRA MENON, J. ............................................................................... W.P.(C) No. 25821 OF 2004 ......................................................................... Dated this the 20th October , 2009 J U D G M E N T The petitioner has approached this Court mainly challenging Exts. P2 and P4 orders passed by the authorities under the E.P.F. Act, whereby the petitioner's institution, which is stated as a charitable institution, pursuing not in trade or commercial activity, but in imparting training in low cost construction as part of the charitable activities, has been stated to be covered under the relevant provisions of the Act, also determining the amount payable as contribution, followed by subsequent orders issued freezing the bank account of the petitioner. It is also seen that the matter was admitted by this Court on 31.08.2004 and interim stay of Exts. P2 and P4 was also granted, which still continues. 2. Referring to the charitable nature of the activities pursued by the petitioner and also referring to the very nature W.P.(C) No. 25821 OF 2004 2 of the petitioner, which is stated as owned by the Government of Kerala (a Society registered under the relevant provisions of the Travancore-Cochin Literary, Scientific and Charitable Institutions Act ), an order was passed by the second respondent, as borne by Ext.P1, whereby the petitioner's institution was held as coverable under the E.P.F. Act w.e.f. 31.12.1991 and accordingly, the petitioner was directed to comply with the statutory requirements and submit returns for the period from 01.01.1992 till the date of order. Subsequently, the amount payable by the petitioner was quantified as Rs.11,90,306.75/- as per Ext. P2 order dated 31.03.2004 (simultaneously bearing the signature showing it as 21.05.2004). 3. Aggrieved by Ext. P2, the petitioner preferred Ext. P6 appeal before the Appellate Tribunal, It is also relevant to note in this context, that despite Ext.P4 letter sent by the petitioner requesting to keep the proceedings in abeyance in view of the pendency of the appeal, the second respondent had passed Ext.P5 order under Section 8F of the E.P.F. Act, whereby the bank account of the petitioner was also caused to be freezed . As W.P.(C) No. 25821 OF 2004 3 borne by Ext.P6 appeal, the petitioner had prayed for appropriate interim orders so as to sub-serve the main relief. However, since it was stated that there was no regular sitting of the Tribunal at the relevant point of time, there was no other alternate remedy for the petitioner, but to approach this Court and it was in the said circumstances, the Writ petition was admitted, also granting interim order. 4. The learned Counsel appearing for the petitioner submits that subsequently, the Appellate Tribunal has started regular functioning and that the petitioner has approached the Tribunal by filing appropriate proceedings seeking to obtain necessary orders. 5. The learned Standing Counsel for the respondent also submits that in view of availability of the effective alternate remedy, the present Writ Petition is not liable to be entertained any further and that it is for the petitioner to approach the Tribunal and pursue the remedy in the appeal, stated as pending before the Concerned Tribunal. 6. After hearing both the sides, this Court finds that the W.P.(C) No. 25821 OF 2004 4 matter has to be considered and dealt with in detail, in accordance with the law, by the Tribunal. It is also made clear that the petitioner will be at liberty to file necessary applications, if not already filed, seeking to intercept the coercive steps stated as pursued by the respondents. 7. In the said circumstances, the present Writ Petition is disposed of, reserving the rights and liberties of both the sides to pursue the matter in Ext.P6 appeal, which is stated as still pending before the Concerned Tribunal so as to enable the petitioner to file and move necessary interlocutory applications challenging the coercive steps. The interim order already granted by this Court staying Exts. P2 and P5 will continue for a further period of three months. The Writ Petition is disposed of accordingly. P.R. RAMACHANDRA MENON, JUDGE. lk