IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 WP(C).No. 34332 of 2010(N) -------------------------- PETITIONER(S): --------------- 1. SANTHA,W/O.RAMACHANDRAN ASARI, BLOCK NO.169,SETTLEMENT COLONY,ELAMPALLOOR VILLAGE, PERUMPUZHA P.O, KUNDARA, KOLLAM. 2. JAYA P.C, W/O.JAYAPRAKASH, KUNNUVILA PADINJATTATHIL, KOTTAMKARA VILLAGE, PUNUKKANNOOR, ALUMMOODU P.O, KOLLAM. BY ADV. SRI.B.MOHANLAL SRI.SAIJU S. SRI.C.SINOY RESPONDENT(S): --------------- 1. THE EMPLOYEES PROVIDENT FUND ORGANIZATION REPRESENTED BY THE REGIONAL PROVIDENT FUND COMMISSIONER, REGIONAL OFFICE,'BHAVISHYANIDHI BHAVAN' PATTOM PALACE PO,THIRUVANANTHAPURAM-4. 2. THE ASSISTANT PROVIDENT FUND COMMISSIONER,THE EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, KOLLAM-691001. 3. THE ENFORCEMENT OFFICER(RECOVERY) THE EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, KOLLAM-691001. 4. THE RECOVERY OFFICER, THE EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, KOLLAM-691001. 5. THE INSPECTOR, CASHEW WORKERS RELIEF WELFARE FUND BOARD, KUNDARA P.O,KOLLAM-691501. 6. THE DISTRICT LABOUR OFFICER, COLLECTORATE, KOLLAM-691 013. 7. SRI.M.K.SREEKUMAR, S/O.KUNJUKRISHNA PILLAI, JAYA VIHAR, MWRA-7, UDAYAMARTHANDAPURAM CHERY, KOCHUPILAMOODU, KOLLAM-691 001. 8. SRI.BINU JOHN, PROPRIETOR, JOHNS CASHEW COMPANY, MUKKOODU PO, KARIPPURAM,KUNDARA, KOLLAM-691 503. ADV. SRI.M.K.CHANDRAMOHAN DAS, SC, KCWR&WFB FOR R5 SRI.V.V.SURESH-R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.34332 OF 2010 -------------------------------------------- Dated this the 21st day of December, 2010 JUDGMENT The petitioners are workers of an establishment by name Regency Cashews belonging to respondents 7 and 8. Their grievance is against the inaction on the part of respondents 1 to 5 to assess and recover the contribution payable towards the Employees' Provident Fund and Cashew Workers Welfare Fund. According to the petitioners, though the respondents 7 and 8 are legally bound to effect contribution towards the Employees' Provident Fund and also towards the Cashew Workers Relief Welfare Fund, they are willfully not making contribution towards the same. According to them, failure on the part of respondents 7 and 8 to effect contribution in accordance with the statutory provisions calls for intervention on the part of respondents 1 to 5. 2. I have heard the learned standing counsel appearing for respondents 1 to 4 and also the learned standing counsel appearing for the fifth respondent. The learned standing counsel appearing for respondents 1 to 4 and also the learned standing counsel appearing for the fifth W.P.(C) NO.34332/2010 2 respondent, upon instructions, submitted that appropriate action in accordance with the provisions under Employees Provident Fund & Miscellaneous Provisions Act and also under the Cashew Workers Welfare Fund Act would be taken in the matter, expeditiously. This is recorded. Accordingly, the Writ Petition is closed. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.34332/2010 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010