IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 WP(C).No. 15216 of 2009(V) -------------------------- PETITIONER(S): ------------------ SUDESAN,S/O.GOPINATHAN,LICENSEE, M/S.SUSMITHA CASHEW,K.T.KUNNU P.O., KALLARA,THIRUVANANTHAPURAM. BY ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. SRI.MANU V. RESPONDENT(S): --------------- 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 - STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. --------------------------- W.P.(C).15216 of 2009 --------------------------- Dated this the 3rd day of June, 2009 JUDGMENT The petitioner was assessed to pay contribution under the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (for short “the Act”}, as per Ext.P1. On the face of it, it is an order passed ex parte. The petitioner then filed Ext.P2 for setting aside Ext.P1. Orders are yet to be passed. In the meanwhile, Ext.P3 order of demand has been issued to the petitioner. 2. Learned standing counsel for the Provident Fund Commissioner points out that several opportunities were granted to the petitioner to produce records before the Assistant Provident Fund Commissioner, the assessing authority. None of those opportunities were availed of and ultimately, the officer concerned was constrained to pass an order. She, therefore, points that Ext.P2 application may not be looked into. 3. Ext.P2 application will have to be considered by the Assistant Provident Fund Commissioner. It is up to W.P.(C).15216 of 2009 :: 2 :: him to determine whether there is any reason for setting aside the ex parte order. That shall be done in accordance with law. Accordingly, the writ petition is disposed of directing the 1st respondent to consider and pass orders on Ext.P2 in accordance with law. This shall be done within one month from the date of receipt of a copy of this judgment. Ext.P3 shall be kept in abeyance till orders are passed on Ext.P2. I make it clear that I have not dealt with the maintainability of Ext.P2. The same will have to be dealt with by the 1st respondent in accordance with law. Sd/- (V.GIRI) Judge sk/ //true copy// P.S. to Judge