IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 OP.No. 11185 of 2000(F) ----------------------- PETITIONER: ------------ JOSEPH MATHEW JR., MANARKATTU HOUSE, PALAI, KOTTAYAM DISTRICT BY ADV. SRI.E.K.NANDAKUMAR RESPONDENTS: ------------- 1. CENTRAL PROVIDENT FUND COMMISSIONER, OFFICE OF THE EMPLOYEES PROVIDENT FUND ORGANISATION, BHAVISHYANIDHI BHAVAN, NEW DELHI. 2. REGIONAL PROVIDENT FUND COMMISSIONER, BHAVISHYANIDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-4. 3. ENFORCEMENT OFFICER, OFFICE OF THE EMPLOYEES PROVIDENT FUND ORGANISATION, PALLIVASAL P.O., MUNNAR, IDUKKI DISTRICT. BY ADV. SRI.N.N. SUGUNAPALAN, SC, P.F. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 18/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP NO.11185/2000/F ORDER ON CMP NO.18496/2000 IN OP NO.11185/2000 DISMISSED SD/- 18.2.2008 S.SIRI JAGAN, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT. P1: COPY OF THE LIST OF CASES FILED BY JUDICIAL FIRST CLASS MAGISTRATE COURT, PEERUMADE RELATING TO KOTTUMULLAI TEA GARDEN ESTATE. EXT. P2: COPY OF THE LIST OF CASES FILED BY JUDICIAL FIRST CLASS MAGISTRATE COURT, PEERUMADE RELATING BONANI TEA GARDEN ESTATE. EXT. P3: COPY OF THE LIST OF CASES FILED BY JUDICIAL FIRST CLASS MAGISTRATE COURT, PEERUMADE RELATING VAGAMON TEA GARDEN ESTATE. EXT. P4: COPY OF THE LETTER DATED 02.09.1997. EXT. P5: COPY OF THE LETTER 09.10.1998. EXT. P6: COPY OF THE LETTER DATED 20.10.1998. EXT. P7: COPY OF THE LETTER DATED 20.10.1998. EXT. P8: COPY OF THE LETTER DATED 02.11.1998. EXT. P9: COPY OF THE LETTER DATED 15.12.1998. EXT. P10: COPY OF THE LETTER DATED 15.12.1998. EXT. P11: COPY OF THE LETTER DATED 13.1.1999. EXT. P12: COPY OF THE LETTER DATED 22.2.1999. EXT. P13: COPY OF THE LETTER DATED 18.3.1999. EXT. P14: COPY OF THE LETTER DATED 20.3.1999. EXT. P15: COPY OF THE LETTER DATED 12.04.1999. EXT. P16: COPY OF THE LETTER DATED 17.5.1999. EXT. P17: COPY OF THE LETTER DATED 31.1.2000. OP NO.11185/2000/F EXT. P18: COPY OF THE LETTER DATED 11.01.2001. EXT. P19: COPY OF THE STATEMENT FILED BYH KOTTAMULAI TEA GARDEN DATED NIL. EXT. P20: COPY OF THE STATEMENT FILED BY BONAMI TEA GARDEN DATED NIL. EXT. P21: COPY OF THE STATEMENT FILED BY VAGHAMON TEA GARDEN DATED NIL. EXT. P22: COPY OF THE LETTER DATED 12TH JULY 2001 ISSUED BY THE ASSISTANT PROVIDENT FUND COMMISSIONER TO THE MANAGER, BANK OF MAHARASTRA, ERNAKULAM NO.KR/KTM/66 & 264/ENF. 1(6) 2001. /TRUE COPY/ P.A. TO JUDGE JP S.SIRI JAGAN, J. ======================= O.P. No. 11185 of 2000 (F) ======================= Dated this the 18th day of February, 2008 JUDGMENT The petitioner is the owner of a tea estate who has defaulted payment of contributions under the Employees' Provident Funds and Miscellaneous Provisions Act, for which prosecution proceedings were initiated against him by the employees provident fund organisation and criminal cases mentioned in Exts. P1 to P3 have been filed before the Judicial First Class Magistrate, Preerumedu. Apparently, the provident fund organisation had promised to withdraw the prosecution on payment of the defaulted amounts, interest etc., which have been paid. As per Ext.P6, the provident fund organisation insisted on a declaration also by the petitioner to the effect that in future that PF dues will be paid by the 15th of each month and monthly and annual returns will be furnished to the office of the provident fund organisation in time. The petitioner had submitted that declaration also. The petitioner now contends O.P. No. 11185/2000/F -2- that in spite of the same the criminal cases were not withdrawn as promised. The contention of the respondents is that subsequently in violation of the declaration, the petitioner has defaulted payment of certain amounts as detailed in paragraph 6 of the counter affidavit. 2. I have heard the parties. It is common knowledge that the tea industry in the country, especially in Kerala State was in doldrums during the period in question. Several owners of estates had abandoned tea estates and the workers were actually harvesting the tea leaves and making a living out of the same. Probably, it is taking into account these facts that the provident fund organisation itself agreed to withdraw the prosecution proceedings against the petitioner. Of course the provident fund organisation had extracted an undertaking from the petitioner for payment of future PF dues also in time. Now there is also a moratorium imposed by the Central Government against recovery amounts due from such tea estates by the Governmental Authorities. In the above circumstances, I am of the opinion that the provident fund organisation need not insist on fulfilment of the condition number 4 in Ext.P6 for the purpose O.P. No. 11185/2000/F -3- of withdrawing the criminal cases. In the above circumstances, I feel that it is only just and proper that provident fund organisation withdraws the criminal cases mentioned in Exts. P1 to P3. Accordingly, there would be a direction to provident fund organisation to take appropriate steps to withdraw the criminal cases mentioned in Exts. P1 to P3. Till the proceedings are completed, the Judicial First Class Magistrate Court, Peerumedu shall not continue proceedings in those criminal cases. The original petition is disposed of as above. S.SIRI JAGAN, JUDGE jp