IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 5TH AUGUST 2010 / 14TH SRAVANA 1932 WP(C).No. 37575 of 2009(N) --------------------------------------- PETITIONER: ------------------- KANAKAM CHERIAN,BRANCH MANAGER, ALAPPUZHA DISTRICT CO-OPERATIVE BANK LTD., CHERTHALA,RESIDING AT :KARUMANCHERRY,ARTHUNKAL.P.O, PIN-688 530. BY ADVS. SRI.MURALI PURUSHOTHAMAN, SRI. DEEPU LAL MOHAN, SMT. LEENA MURALI. RESPONDENTS: ------------------------ 1. THE ASSISTANT PROVIDENT FUND COMMISSIONER AND RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANISATION,SUB REGIONAL OFFICE, 36/685/A, BHAVISHYANIDHI BHAVAN, P.B.NO.1895, KOCHI-682 017. 2. THE GENERAL MANAGER,ALAPPUZHA DISTRICT CO-OPERTIVE BANK LIMITED, P.B NO.104, ALAPPUZHA-688 001. 3. SHERTHALAI COIR MATS AND MATTINGS CO-OPERATIVE SOCIETY,REPRESENTED BY ITS SECRETARY, KALAVAMKODAM.P.O,CHERTHALA. 4. THE PROJECT OFFICER(COIR),O/O.THE COIR PROJECT OFFICER,KANNAN VARKEY BRIDGE, ALAPPUZHA-688 001. R1 BY SRI.S.GOPAKUMARAN NAIR, SENIOR ADVOCATE, ADV. SRI. M. CHANDRABOSE, R2 BY SRI. P.K. VIJAYAMOHANAN, S.C. R4 BY GOVT.PLEADER SMT. NISHA BOSE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.37575/2009-N: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER NO. KR/KC/1812/ENF-II(5)/2009 DTD. 01/10/2009 OF THE R.1. EXT.P.2: COPY OF THE LETTER DTD. 21/10/2009 SUBMITTED BY THE PETITIONER TO THE R.1. EXT.P.3: COPY OF THE LETTER NO.KR/KCH/1812/ENF-II(5)/2009/6754 DTD. 04/11/2009 ISSUED BY THE R.1. TO THE PETITIONER. EXT.P.4: COPY OF THE LETTER DTD. 10/11/2009 SUBMITTED BY THE PETITIONER TO THE R.1. EXT.P.5: COPY OF THE LETTER DTD. 23/06/2009 REFERRED TO IN EXT.P.4. EXT.P.6: COPY OF THE LETTER NO. C1/1075/07 DTD. 03/08/2007 ISSUED TO THE PETITIONER BY THE R.4. EXT.P.7: COPY OF THE ORDER NO. KR/KC/1812/ENF-II(5)/RECOVERY/2009-10/8300 DTD. 16/12/2009 OF THE R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. THOTTATHIL B.RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.37575 of 2009-N = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 5th day of August, 2010. Judgment 1.The third respondent co-operative society is provided with certain funds by the State Government. Such funds lie in an account maintained by the third respondent with the Alappuzha District Co-operative Bank of which, the petitioner is the Branch Manager. The third respondent society can utilise such funds by withdrawing it from the District Co-operative Bank only with the counter signature of the competent authority in the Coir Board. Obviously, therefore, the money cannot be treated as belonging to the third respondent since it is only part of the funds under the control of the Government, for being utilised through the controlling authorities, namely, the Government and the Coir Board. 2.On the allegation that the third respondent is a defaulter of dues under the E.P.F.& M.P.Act, WPC37575/09 -: 2 :- 1952, orders were issued essentially requiring the District Co-operative Bank to pay such amounts from the account of the third respondent society to the E.P.F.Organisation. Though the Branch Manager replied to that request, she now faces personal action by attachment of her salary as if she is a deemed employer and defaulter. On the afore-noted facts, the said action by the authorities under the E.P.F. & M.P.Act are wholly misplaced and without jurisdiction. 3.For the aforesaid reasons, the impugned proceedings as against the petitioner are quashed. 4.However, this judgment will not preclude the E.P.F.Organisation from taking appropriate action against the third respondent society. The Government and the official respondents shall take appropriate care to ensure that the money released to the society is not misused except for activities under the control of the Coir Board. This judgment does not affect the right, if any, of the EPF Organisation to move the Government WPC37575/09 -: 3 :- and the Coir Board for relief, if any, in accordance with law. The writ petition is ordered accordingly. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/1308