IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 OP.No. 20552 of 2002(V) ----------------------- PETITIONER(S): --------------- ABRAHAM MATHEW, MANAGER, EOLIEKKANAM ESTATE, ELAPPARA, PEERUMEDU TALUK, IDUKKI DISTRICT. BY ADV. SRI.K.N.CHANDRABABU SRI.MATHEWS K.UTHUPPACHAN SRI.SABU MATHEW RESPONDENT(S): --------------- 1. THE REGIONAL PROVIDENT FUND COMMISSIONER SUB REGIONAL OFFICE, CHALAKUZHI BUILDINGS, C.M.S.COLLEGE ROAD, KOTTAYAM. 2. S.M.SHARMA, MANAGING DIRECTOR, M/S. R.B.T. CO.LTD., SIDDARTH BUILDINGS, P.B.NO.583, 2ND MAIN ROAD, WILLINGTON ISLAND KOCHI - 682 003. 3. MANESH.M.SHARMA, DIRECTOR, M/S.R.B.T. CO.LTD. SIDDARTH BUILDINGS P.B.NO.583, 2ND MAIN ROAD WILLINGTON ISLAND KOCHI - 682 003. ADV. SRI.N.N. SUGUNAPALAN, SC, P.F. FOR R1 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 27/03/2009, THE COURT, ON THE SAME DAY, DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: O.P.NO. 20552/2002. ----------------------------------------------------------------- EXT.P1 TRUE COPY OF LETTER DT. 13-1-2000. EXT.P2 LETTER DT. 26-10-1999. EXT.P3 OBJECTION DT. 26-3-2001. EXT.P4 ORDER DT. 25-9-2001. EXT.P5 ORDER DT. 28-9-2001. EXT.P6 JUDGMENT IN O.P. 37725/2001. EXT.P7 ORDER DT. 18-2-2002. RESPONDENTS' EXHIBITS: ------------------------------------- EXT.R1(a) PROCEEDINGS ISSUED BY R1. EXT.R1(b) COPY OF FORM NO. 2. [TRUE COPY] P.S TO JUDGE S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 20552 of 2002 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 27th March, 2009. J U D G M E N T The petitioner is challenging Exts.P4, P5, and P7 orders. Ext.P4 is the proceedings sheet in proceedings under Section 7A of the Employees Provident Funds and Miscellaneous Provisions Act, in which the petitioner is shown as the manager of the Koliekanam Estate owned by the Ram Bahadhur Thakur Ltd., of which the 2nd respondent is the managing director and the 3rd respondent is a director. Ext. P5 is the order passed by the 1st respondent under Section 7A of the Act assessing contributions payable in respect of employees of the said estate. Ext. P7 is the order in a review petition filed by the petitioner under Section 7B of the Act wherein, the review petition against Ext. P5 order was considered as directed in Ext. P6 judgment of this Court and rejected. The petitioner's contention is that the petitioner is only an employee of the company who owns the estate and therefore he cannot be made liable for any amounts due under the Act. 2. A counter affidavit has been filed by the 1st respondent supporting the impugned orders. 3. The impugned orders as against the employer is not liable to be challenged in so far as the employer is liable to pay contributions under the Act. The apprehension of the petitioner appears to be that those orders would be enforced against the petitioner. I do not think that simply because the petitioner represented the company as the manager of the estate, he can be made liable personally for amounts due as per the orders impugned. The petitioner who is only an employee of the company does not have any liability to pay amounts due under the Act from the company to the Provident Fund Organisation. That being so, the only order which requires to be passed in this original petition is that for amounts due under the O.P. No. 20552/2002. -: 2 :- impugned orders, the petitioner would not be personally made liable and the orders shall not be enforced against the petitioner personally. The 1st respondent would be free to recover the amounts due from the company and its Directors as provided under law. The original petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/