IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 14TH OCTOBER 2010 / 22ND ASWINA 1932 WP(C).No. 9541 of 2009(K) ------------------------------------- PETITIONER(S): ------------------------ MAHAVIR PLANTATIONS PRIVATE LIMITED INDIRA GANDHI ROAD, WILLINGDON ISLAND COCHIN-3, REPRESENTED BY ITS DIRECTOR, LALU.T.BHANSALI. BY ADVS. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.ANIL D. NAIR RESPONDENT(S): ------------------------- 1. THE REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANISATION REGIONAL OFFICE, PATTOM, THIRUVANANTHAPURAM-695 004. 2. THE ASSISTANT PROVIDENT FUND COMMISSIONER AND RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANISATION REGIONAL OFFICE, PATTOM, THIRUVANANTHAPURAM-695004. R1 & R2 BY ADV. SRI.N.N.SUGUNAPALAN (SR) SC SMT.T.N.GIRIJA, SC,EPF ORGANISATION THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.9541/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE NOTICE DTD. 28.11.07 ISSUED BY THE 2ND RESPONDENT. P2:- COPY OF THE LETTER DTD. 9.11.2007 ADRESSED BY THE PETITIONER TO THE INSPECTOR GENERAL OF POLICE. P3:- COPY OF THE ORDER DTD. 14.1.2009 PASSED BY THE AAIFR. P4:- COPY OF THE NOTICE DTD. 25.2.2009 ISSUED BY THE 2ND RESPONDENT. P5:- COPY OF THE LETTERS DTD. 9.3.09 ADDRESSED TO THE 2ND RESPONDENT. P6:- COPY OF THE LETTER DTD.11.3.2009 ISSUED BY THE 2ND RESPONDENT. P7:- COPY OF THE ORDER DTD. 5.6.1998 PASSED BY the 2ND RESPONDENT. P8:- COPY OF THE ORDER DTD. 10.6.1999 PASSED BY THE 2ND RESPONDENT. P9:- COPY OF THE ORDER DTD. 10.6.99 PASSED BY THE 2ND RESPONDENT. P10:- COPY OF THE ORDER DTD. 27.4.2000 PASSED BY THE IST RESPONDENT. P11:- COPY OF THE ORDER DT. 14.6.2000 PASSED BY THE 2ND RESPONDENT. P12:- COPY OF THE ORDER DTD. 22.1.2001 PASSED BY THE 2ND RESPONDENT. P13:- COPY OF THE ORDER DT. 9.1.04. P14:- COPY OF THE LETER DTD. 13.8.2007 ISSUED BY THE CHIEF INSPECTOR OF PLANTATIONS ENCLOSING THE PLAN SCHEME ON REHABILITAION PACKAGE ISSUED BY THE GOVERNMENT. P15:- COPY OF THE PROCLAMATION OF SALE NOTICE DT. 20.3.2009 ISSUED BY THE 2ND RESPONDENT. P16:- COPY OF THE LETTER DTD. 27.6.2009 SUBMITTED BY THE PETITIONER TO THE IST RESPONDENT. P17:- COPY OF THE LETTER DTD. 29.7.09 SUBMITTED BY THE PETITIONER TO THE IST RESPONDENT. P18:- COPY OF THE LETTER DTD. 28.8.09 SUBMITTED BY THE PETITIONER TO THE IST RESPONDENT. W.P.(C) NO.9541/2009 P19:- COPY OF THE LETTER DTD. 30.9.09 SUBMITTED BY THE PETITIONER TO THE IST RESPONDENT. P20:- COPY OF THE LETTER DTD. 30.10.2009 SUBMITTED BY THE PETITIONER TO THE IST RESPONDENT. P21:- COPY OF THE LETTER DTD. 30.11.2009 SUBMITTED BY THE PETITIONER TO THE IST RESPONDENT. P22:- COPY OF THE LETTER DTD. 31.7.2009 SUBMITTED BY THE RESPONDENT TO THE PETITIONER. TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.9541/2009-K ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 14th day of October, 2010 J U D G M E N T The petitioner is a Private Limited Company registered under the Companies Act, 1956. They are aggrieved by Exts.P6 and P15 issued by the Recovery Officer, second respondent. It is pointed out in the writ petition that since 1996, the Company has been going through severe financial crisis and, there was labour unrest prevailing in the Estate. It is also pointed out that this resulted in heavy loss to the Plantations and to the petitioner. It is further pointed out that because of the continuous adverse situation, the petitioner could not pay wages to the workers in time. The workers were also on illegal strike with effect from 1999. From February 2000, the Estate came to a stand still. 2. It is the case of the petitioner that Ext.P6 proceedings issued by the first respondent under Section 7A of the Employees Provident Fund & Miscellaneous Provisions Act, 1952 was entirely without the knowledge of the petitioner. On coming to know about the orders passed in the matter, the petitioner had been approaching the authorities concerned. W.P.(C). No.9541/2009 -:2:- 3. In the writ petition they pray that for the period from 2000-2002 as no wages were paid, the assessment orders have to be modified. 4. When the writ petition was admitted on 25/03/2009, this Court had passed an interim order staying all further proceedings pursuant to Ext.P15. After hearing parties, the said order was modified on 26/05/2009 by making it conditional upon the petitioner paying the current dues under the EPF Act and also paying an amount of Rs.5 lakhs every month towards the arrears. Later this Court directed the respondents to file a statement showing the details regarding the adjustments of the remittances towards arrears and, accordingly, a statement has been filed on 05/02/2010. 5. The learned counsel for the petitioner submitted that various amounts have been paid by the petitioner and they are not having the details of the adjustments made by the Employees Provident Fund Organisation. It is also submitted that in the light of the illegal strike of the workers, as no wages were paid during 2000-2002, the assessments have to be modified accordingly. Since the petitioner has been paying various amounts as per the interim order, now the question is whether due adjustments have been made of the payments received from them. On behalf of respondents, a detailed statement has already W.P.(C). No.9541/2009 -:3:- been filed, as noted above. Since the petitioner is pressing for a direction to consider the remission of certain amounts and modifications of assessments in the light of the various factors pointed above, I dispose of the writ petition with the following directions:- There will be a direction to the first respondent to issue a consolidated statement to the petitioner within a period of one month from the date of receipt of a copy of this Judgment showing various amounts received apart from those shown in the statement dated 05/02/2010 filed already before this Court and the adjustments made by them with respect to the various amounts paid including those covered by the statement dated 05/02/2010. If the petitioner files appropriate representation to the first respondent seeking for modification of the assessment for the disputed periods on valid grounds, within the above period of one month, the same will be considered by the first respondent and appropriate orders will be passed after hearing the petitioners within a further period of four months. Till then the arrangements as per the interim order will continue. The writ petition is accordingly disposed of. No costs. (T.R. Ramachandran Nair, Judge.) ms