IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 WP(C).No. 15525 of 2009(I) -------------------------- PETITIONER: --------------- R.SREELATHA,W/O.MURALEEDHARAN NAIR, C.P.CINE HOUSE,PAZHAKUTTY P.O., THIRUVANANTHAPURAM. BY ADV. SRI.G.P.SHINOD SRI.MANU V. RESPONDENTS: --------------- 1. ASSISTANT PROVIDENT FUND COMMISSIONER, E.P.F.O.,PATTOM,THIRUVANANTHAPURAM. 2. THE RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANISATION, THIRUVANANTHAPURAM. BY SMT. T.N. GIRIJA, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.15525 of 2009 -------------------------- Dated this the 5th June,2009 J U D G M E N T Petitioner is the present owner of M/s.C.P. Cine House, which came to be covered under the EPF Act as per order dated 1.10.1984. It seems that the enquiry leading to Exhibit-P1 was an ex parte one and according to the petitioner the authority competent to represent the establishment did not have notice. Thereafter, the petitioner came to know of the recovery proceedings when Exhibit-P3 was served on her, she then filed Exhibit-P2 to set aside the ex-parte order dated 26.7.2007 and the same is pending. 2. Learned counsel for the respondents submits that Exhibit-P3 would evidence that a notice under Rule 2 was served on the employer on 22.4.2008. If that be so, the contention now taken up by the petitioner in Exhibit- P2 does not seem to be correct. This is also an aspect which will arise for consideration in the course of W.P ( C) No.15525 of 2009 2 considering Exhibit-P2. 3. Accordingly, there will be a direction to the 1st respondent to consider and pass orders on Exhibit-P2, after notice to the petitioner, within three months from the date of receipt of a copy of this judgment. Enforcement of Exhibit-P3 shall be kept in abeyance till then provided the petitioner pays 1/3rd of the amount demanded under Exhibit-P3 within a period of four weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No.15525 of 2009 3 W.P ( C) No.15525 of 2009 4