IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 WP(C).No. 14053 of 2004(W) --------------------------------------- PETITIONER: ------------------- THE MANAGER, ST.JOHN THE BAPTIST'S COLLEGE OF EDUCATION, NEDUMKUNNAM P.O. KOTTAYAM -686 542. BY ADV. SRI.JOHN JOSEPH VETTIKAD, ADV. SRI.C.JOSEPH JOHNY. RESPONDENTS: ----------------------- 1. THE UNION OF INDIA, REP. BY ITS SECRETARY TO THE MINISTRY OF LABOUR, GOVERNMENT OF INDIA, NEW DELHI. 2. THE ASSISTANT PROVIDENT FUND COMMISSIONER, SUB REGIONAL OFFICE, C.M.S.COLLEGE ROAD, P.B.NO.36, KOTTAYAM 686 001. BY SRI. P. PARAMESWARAN NAIR, ASST. S.G, ADV. SRI.N.N. SUGUNAPALAN, SC, P.F THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.14053/2004-W: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE SALE DEED DTD. 01/08/1996. EXT.P.2: COPY OF THE APPLICATION SUBMITTED BEFORE THE MAHATMA GANDHI UNIVERSITY FOR STARTING THE COLLEGE. EXT.P.3: COPY OF THE ORDER OF NCTE DTD. 05/08/2000. EXT.P.4: COPY OF THE LETTER DTD. 14/10/2003. EXT.P.5: COPY OF THE PRELIMINARY INFORMATION FURNISHED BY THE PETITIONER BEFORE THE ENFORCEMENT OFFICER. EXT.P.6: COPY OF THE COMMUNICATION DTD. 13/01/2004. EXT.P.7: COPY OF THE LETTER DTD. 20/01/2004. EXT.P.8: COPY OF THE ORDER OF THE R.2. DTD. 02/04/2004. RESPONDENT'S EXHIBITS: EXT.R1.A: COPY OF THE STATEMENT FILED BY THE MANAGER FOR THE PERIOD OF 1/2001 TO 6/2001 AND 7/01 TO 3/02. EXT.R1.B: COPY OF THE TRUST DEED DTD. 27/07/1996. //TRUE COPY// prv. KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No. 14053 OF 2004 --------------------------------------- Dated this the 7th day of March, 2008. J U D G M E N T Petitioner is aggrieved by the orders passed by the 2nd respondent in the matter of coverage under the provisions of the Employees Provident Funds and Miscellaneous Provisions Act, 1952. It is not in dispute that the impugned Ext.P8 order is passed without hearing the petitioner. Learned counsel for the petitioner submits that Ext.P8 is passed on a wrong assumption regarding the legal position. In view of the decision of the Bombay High Court in Mumbai Mazdoor Sangh v. Regional Provident Fund Commissioner [2000 (1) LLJ 1225] and other decisions, it is submitted that the matter requires fresh consideration in the light also of the decisions referred to above. I quash Ext.P8 with a direction to the 2nd respondent to consider the matter afresh after affording an opportunity for hearing the petitioner. It is made clear that orders as above shall be passed in the light also of the decisions referred to by the petitioner. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. ps