IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 WP(C).No. 36868 of 2008(L) ----------------------------------------- PETITIONER(S): ------------------------- P.RAJENDRAN, 14/47 NADAR NEW STREET, SHOLAVANDAN P.O., 625 214, MADURAI DISTRICT. BY ADVS. MR.S.GIRISH, MR.HARIDAS. RESPONDENT(S): --------------------------- 1. THE COMMSSIONER, EPF.ORGANISATION, SUB-REGIONAL OFFICE, KALOOR, KOCHI-682 017. 2. M/S.MAHAVIR PLANTASTION LTD. 24/1779. INDIRA GANDHI ROAD, W/ISLAND, KOCHI- 682 003, REP. BY MANAGING DIRECTOR. R1 BY MR.N.N.SUGUNAPALAN, SENIOR ADVOCATE,SC SMT.T.N.GIRIJA, SC,EPF ORGANISATION. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.36868/2008 L APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE LETTER DTD. 27/11/2006 SENT BY THE PETITIONER TO THE 2ND RESPONDENT. P2: COPY OF THE APPLICATION FORM NO.19 SENT ALONG WITH EXT.P1 LETTER BY THE PETITIONER. P3: COPY OF THE LETTER DTD. 27/12/2006 SENT BY THE RESPONDENT TO THE PETITIONER. P4: COPY OF THE CORRESPONDENCE DTD. 20/01/2007 SENT BY THE PETITIONER TO THE RESPONDENT. P5: COPY OF THE LETTER DTD. 2/11/2007 SENT BY THE PETITIONER THROUGH FAX TO THE RESPONDENT. P6: COPY OF THE FAX REPORT ALONG WITH THE BILLS AND RECEIPT AND OTHER PARTICULARS EVIDENCING THE DELIVERY OF EXT.P5. P7: COPY OF THE LETTER DTD. 7/09/2007 SENT BY THE PETITIONER TO THE ENFORCEMENT OFFICER, E.P.F. ORGANIZATION, KALOOR, KOCHI WITH A COPY TO THE PROF E.P.F. ORGANIZATION, KALOOR, KOCHI BY FAX. P8: COPY OF THE RECEIPT ISSUED BY THE BSNL LTD., EVIDENCING THE DELIVERY THE EXT.P7. P9: COPY OF THE LEGAL NOTICE SENT BY THE PETITIONER THROUGH HIS COUNSEL. P10: COPY OF THE REPLY NOTICE DTD. 9/10/07 SENT BY THE RESPONDENT TO THE PETITIONER. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss V.GIRI, J. ---------------------------------------- W.P.(C).No.36868 of 2008 ---------------------------------------- Dated this the 16th day of July, 2009. JUDGMENT The petitioner, who retired from the service of the 1st respondent, is aggrieved that the amounts due to him, under the Employees Provident Funds and Miscellaneous Provisions Act, 1952, have not been completely released to him. 2. Apparently, the 2nd respondent company is under liquidation. Therefore, there is considerable default in payment of the amounts payable under several statutes including under the EPF Act. 3. A detailed counter affidavit has been filed by the 1st respondent Commissioner. Paragraph 11 of the same reads as follows: “It is submitted that due to persistent efforts and coercive steps initiated by the Recovery Officer, EPF Organisation, the Department has been able to recover substantial amount of outstanding arrears from the employer during the period from 10/2008 to 12/2008. The employer has now W.P.(C).No.36868 of 2008 :: 2 :: cleared the entire assessed dues upto June 1999 and also remitted part of the dues assessed for the period from July 1999 to July 2000. Accordingly, in the meanwhile, the contribution for the period upto 31.03.2000 has been credited to the individual PEF Accounts of the subscribers and an amount of Rs.42,983/- was sanctioned and paid to the petitioner vide State Bank of India cheque No.335712 dated 15.04.2009. Further action is in hand to realise the outstanding arrears also and once the amount is realised from the employer, steps will be taken as expeditiously as possible to credit the contribution to the individual EPF Accounts and thereafter, appropriate communication will be issued to the petitioner to prefer supplementary application/claim and the amount so credited along with upto date interest will be sanctioned and disbursed in due course. The respondent is a statutory authority and is, therefore, liable to exhaust all legal remedies for realisation of the outstanding arrears from the defaulting employers.” 4. It seems to be clear that steps are taken by the EPF Organisation to realise the amount and to recover the outstanding arrears from the 2nd W.P.(C).No.36868 of 2008 :: 3 :: respondent and it further seems that they have been in successful in realising the arrears upto July, 2009. The contribution upto 31.3.2009 have been credited to EPF Account. Insofar as the petitioner is concerned, the pension has been paid. 5. In the circumstances, the 1st respondent shall take all steps that are possible to see that the dues for the subsequent period is also recovered by the 2nd respondent and all steps should be resorted to by the 1st respondent to see that the amounts due in this regard are paid over to the employees. The writ petition is disposed of as above. Sd/- (V.GIRI) JUDGE sk/ //true copy//