IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 WP(C).No. 34027 of 2009(W) -------------------------- PETITIONER(S): --------------- M/S. TASTY NUT INDUSTRIES, REPRESENTED BY KANAGING PARTNER MOHAMMED NOUFAL, KUNDARA, KOLLAM. BY ADV. SRI.T.M.CHANDRAN SRI.S.SUJITH SRI.V.A.SASIDHARAN SRI.JOSEPH ALBIN NEDUNTHALLY RESPONDENT(S): --------------- 1. THE ENFORCEMENT OFFICER, OFFICE OF THE PROVEDENT FUND INSPECTOR/ENFORCEMENT OFFICER, EMPLOYEES PROVEDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, KOLLAM. 2. EMPLOYEES PROVIDENT FUND ORGANIZATION, REPRESENTED BY REGIONAL PROVEDENT FUND COMMISSIONER II, SUB REGIONAL OFFICE, KOLLAM. ADV.V.V.SURESH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 34027 of 2009 ================== Dated this the 14th day of December, 2009 J U D G M E N T The petitioner is aggrieved by Ext.P1 communication received by the petitioner from the 1st respondent, wherein the 1st respondent has directed the petitioner to remit the contributions and administrative charges, submit returns and statements under the Employees' Provident Funds and Miscellaneous Provisions Act to the Sub Regional Office/Regional Office, Kollam. According to the petitioner, prior to issuing Ext.P1 communication, no computation of the contributions due has been made under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, without which, no contribution can be demanded from the petitioner. 2. The learned standing counsel appearing for the Provident Fund Organization, on instructions, submits that Ext.P1 is only an intimation to the petitioner that he is liable to comply with the provisions of the Act. According to the learned standing counsel, now that the petitioner objects, Ext.P1 would not be enforced without first computing the contributions by resort to proceedings under Section 7A of the Act. This is recorded and the writ petition is closed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge