IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 WA.No. 2109 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.19531/2006 .................... APPELLANT/RESPONDENT IN THE WP(C): ---------------------------- STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. BY GOVERNMENT PLEADER SRI.BENNY GERVACIS RESPONDENTS/PETITIONER AND RESPONDENTS 2 TO 7 IN THE WP(C): ------------------------------------------------ 1. T.C. KHALID, THEKKENCHERRY HOUSE, P.O. PALUVAYI, VIA. CHAVAKKAD, THRISSUR DISTRICT. 2. SHRI E.SIVARAMAKRISHNAN, HOUSE NO.3, P.S.C. NAGAR, NEERAZHI LANE, ULOOR, TRIVANDRUM. 3. STEEL INDUSTRIES KERALA LTD., ATHANI.P.O, THRISSUR, REPRESENTED BY ITS MANAGING DIRECTOR. 4. THE REGIONAL DIRECTOR, EMPLOYEES STATE INSURANCE CORPORATION, REGIONAL OFFICE, ROUND NORTH, THRISSUR. 5. THE REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND CORPORATION SUB REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, KALOOR, KOCHI. 6. THE REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANISATION, SUB REGIONAL OFFICE, ELANJIPALAM, KOZHIKODE. WA.2109/08 7. THE SUB REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, FORT, KANNUR. BY ADV.SRI.K.JAIJU BABU ADV.SRI.K.ANAND ADV.SMT.T.N.GIRIJA ADV.SRI.P.SANKARANKUTTY NAIR THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 28/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.P.BALACHANDRAN, JJ. ------------------------------- W.A.NO.2109 OF 2008 () ----------------------------------- Dated this the 28th day of October, 2008 J U D G M E N T KOSHY,J. The 1st respondent was the Managing Director of Steel Industrials Kerala Limited, a company fully owned by the State of Kerala. In that company, the 2nd respondent was appointed as the Managing Director after the expiry of the term of the 1st respondent. The 1st respondent filed a writ petition stating that unless his term is extended, it will be very difficult for him as criminal prosecutions are pending against him. Therefore, the main prayer in the writ petition is to quash the appointment of the 2nd respondent and allow the 1st respondent to continue for two more years. It has come out in evidence that large number of criminal prosecutions are pending against the 1st respondent as the company failed to pay dues under the Employees Provident Fund Act as well as the Employees State Insurance Act. The learned Single Judge held that the 1st respondent was not personally liable for the dues and the dues are to be paid by the 3rd respondent WA.2109/2008 2 company. Amounts due is to be realised from the company because company was in default and not the 1st respondent personally and did not grant any extension of service to the 1st respondent due to pendency of the proceedings. The Ext.P6 order was not set aside. But in the interest of justice, the learned Single Judge also directed the appellant, State of Kerala, which owns 100% share in the company to convene a conference after informing the E.S.I. Authorities and Provident Fund authorities as well as the company officials to ascertain the actual dues so that if the 3rd respondent company pays the amount, the complaints can be withdrawn. We are of the opinion that no interference is required at the instance of the State, and hence, this appeal is dismissed. J.B.KOSHY, JUDGE K.P.BALACHANDRAN, JUDGE prp J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 14th October, 2008