IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 WP(C).No. 13830 of 2008(U) -------------------------- PETITIONER: ------------ M/S.MICLELLE OPTICAL INDUSTRIES FIRM REP.BY ITS PARTNER B.VINOD PONNAN BY ADV. SRI.ANIL SIVARAMAN RESPONDENTS: ------------- REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, THIRUVANANTHAPURAM. BY ADV. SMT.T.N.GIRIJA, SC,EPF ORGANISATION FOR R.1,2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.13830 of 2008 ================== Dated this the 12th day of June, 2008 J U D G M E N T The petitioner is a parter of a firm covered under the Employees' Provident Funds and Miscellaneous Provisions Act,1952 (“the Act” for short), which the petitioner claims as a sick establishment. The petitioner was paying contributions at the rate of 8.33 per cent of the wages of the employees. By a notification dated 9.4.1997 contributions were directed to be increased from 8.33 per cent to 10 per cent of the wages. But sick units were exempted from the additional contributions. But this was not acceded to and the petitioner was made to pay the amount. Subsequently, alleging delay in payment of difference in the contributions, proceedings were initiated and finalised under Sections 7Q and 14B of the Act. The petitioner now disputes the correctness of the computation of the amounts under Section 14B of the Act. He now submits that pursuant to his requests a statement has been given to him, which is not legible. The petitioner, therefore, seeks a direction to the respondents to give him a legible statement and to consider whether the contention regarding the mistakes in calculation is correct or not. w.p.c.13830/08 2 2. I have heard the learned Standing Counsel appearing for the Provident Fund Organization also. 3. After hearing both sides, I feel that the 1st respondent should consider the application of the petitioner regarding mistakes in calculation of damages. For this purpose, the petitioner shall be given a legible copy of the statement calculating damages. However, the petitioner is liable to pay interest under Section 7Q of the Act since the same is statutory. Accordingly, I dispose of this writ petition with the following directions: The petitioner shall pay interest demanded under Section 7Q of the Act within two weeks from today. The respondents shall consider whether there are mistakes in the calculation as alleged by the petitioner and pass a reasoned order after furnishing a legible copy of the statement of accounts and affording an opportunity of being heard to the petitioner. Final orders shall be passed within a period of one month from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.13830/08 3