IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 WP(C).No. 15220 of 2008(J) -------------------------- PETITIONER: ------------ KERALA TOURISM DEVELOPMENT CORPORATION LTD., MASCOT SQUARE, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADV. SRI.B.GOPAKUMAR SRI.ANWIN GOPAKUMAR SRI.ASWIN GOPAKUMAR SMT.CHINCY GOPAKUMAR RESPONDENTS: ------------- 1. EMPLOYEES PROVIDENT FUND ORGANISATION REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM REPRESENTED BY THE REGIONAL PROVIDENT FUND COMMISSIONER. 2. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, REGIONAL OFFICE,BHAVISHYANIDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. THE ENFORCEMENT OFFICER, EMPLOYEES PROVIDENT FUND ORGANISATION, REGIONAL OFFICE,BHAVISHYANIDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 4. M/S. CARE SECURITY SERVICE, SHEELA NIVAS BUILDING, MUTHUKULAM, SOUTH P.O., ALAPPUZHA, PIN-690 506. 5. M/S. OMEGA SECURITY AGENCY, N.S. NIVAS, T.C.NO.25/842, THYCAUD P.O., THIRUVANANTHAPURAM. 6. THE KERALA STATE EX-SERVICEMEN DEVELOPMENT AND REHABILITATION CORPORATION, T.C.NO.14/1024, ROSSCOTE LANE, VAZHUTHACAUD, THIRUVANANTHAPURAM. 7. M/S. FLOWRENCE NIGHTINGALE PROFESSIONAL SERVICE AGENCIES, MRA-190, T.C.NO.24/1003, THYCAUD P.O., THIRUVANANTHAPURAM-695 014. BY ADV. SRI.N.N. SUGUNAPALAN, SC, P.F. FOR R1 TO 3 SMT.T.N.GIRIJA, SC,EPF ORGANISATION FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.15220 OF 2008 ---------------------------------------- Dated this the 3rd day of June, 2008 JUDGMENT The petitioner is an establishment covered under the Employees Provident Funds and Miscellaneous Provisions Act. In respect of their liability to pay contributions, earlier, an order has been passed which is under appeal before the Tribunal. In respect of subsequent periods Exts.P4 to P6 notices have been issued to the petitioner. Ext.P4 is a notice dated 12.12. 2006 issued by the 2 nd respondent directing the petitioner to produce documents mentioned therein. Ext.P5 is another notice dated 2.4.2008 directing the petitioner to produce documents mentioned therein issued by the 2 nd respondent on behalf of the Regional Provident Fund Commissioner. In the meanwhile, the 3 rd respondent issued another notice Ext.P6 directing the petitioner to produce another set of documents. The petitioner is aggrieved by different authorities issuing different notices for W.P.(c)N0.15220/08 2 production of documents in respect of the same period. The petitioner submits that the petitioner is prepared to produce documents and co-operate with the 7A proceedings if one authority proceeds in the matter instead of different authorities issuing different notices. 2. The learned Standing Counsel for the Provident Fund Organisation submits that the 3 rd respondent is an Officer who is to help the 2 nd respondent in 7A proceedings and it is only to assist the 2 nd respondent in Section 7A proceedings that Ext.P6 notice has been issued by the 3 rd respondent. 3. I have considered the rival contentions in detail. I am of opinion that since the Regional Provident Fund Commissioner is seized of the matter under Section 7A proceedings instead of the 2 nd and 3 rd respondents issuing independent notices, the Regional Provident Fund Commissioner himself should conduct the proceedings under Section 7A. Accordingly, I direct the petitioner to produce all documents, which are called for by Exts.P4 to P6 before the Regional Provident Fund Commissioner, who has issued Ext.P5 and he shall conduct 7A proceedings. If the petitioner wants time to produce documents, they may apply before the W.P.(c)N0.15220/08 3 Regional Provident Fund Commissioner, who shall consider the matter and pass orders. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd