IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 20TH MARCH 2009 / 29TH PHALGUNA 1930 OP.No. 6786 of 2000(G) ---------------------- PETITIONER(S): --------------- THE PRINCIPAL, MEDICAL COLLEGE, THIRUVANANTHAPURAM, REP. BY VIJAYAKUMARAN NAIR, ADMINISTRATIVE OFFICER, MEDICAL COLLEGE WHO HOLDS POWER OF ATTORNEY. BY GOVERNMENT PLEADER SMT. SMITHA SUKUMAR. RESPONDENT(S): --------------- 1. THE REGIONAL PROVIDENT FUND COMMISSIONER, KERALA, THIRUVANANTHAPURAM. 2. THE ASST. PROVIDENT FUND COMMISSIONER, KERALA, THIRUVANANTHAPURAM-4. 3. THE ENFORCEMENT OFFICER, OFFICE OF THE REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND, THIRUVANANTHAPURAM. 4. THE CHIEF MANAGER, STATE BANK OF TRAVANCORE, MEDICAL COLLEGE, THIRUVANANTHAPURAM. ADV. SRI.N.N. SUGUNAPALAN, SC, P.F. FOR R1 TO R3 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 20/03/2009, THE COURT, ON THE SAME DAY, DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: O.P.NO. 6786/2000 -------------------------------------------------------------- EXT.P1 COPY OF UNDATED LETTER. EXT.P2 PROCEEDINGS DST. 1-12-1999. EXT.P3 PROCEEDINGS DT. 4-1-2000. EXT.P4 REVIEW PETITION DST. 1-2-2000. EXT.P5 NOTICE DT. 17-2-2000. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 6786 of 2000 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 20th March, 2009. J U D G M E N T The petitioner herein is the Principal of the Medical College, Thiruvananthapuram. He is aggrieved by the orders of the authorities under the Employees Provident Funds and Miscellaneous Provisions Act, whereby the employees of the messes in the hostels attached to the Medical College have been directed to be covered under the Act. But, it is now brought to my attention that the Government itself, by G.O.No. 4813/81/92/H&FWD dated 15-2-1994, directed the Principles of Medical Colleges in Kerala State to comply with the provisions of the Employees Provident Funds and Miscellaneous Provisions Act in respect of employees employed in the messes attached to hostels of Medical Colleges, since the Government of India did not agree to grant exemption in respect of the same. Therefore, I am of opinion that since the Government itself has decided to cover the said employees under the Act and Scheme, the petitioner cannot now claim that they need not be so covered. But, I direct that such coverage shall only be with effect from the date of the Government Order, namely, 15-2-1994. Revised orders computing the contributions payable accordingly shall be issued as expeditiously as possible and shall be paid by the petitioner. But, I further direct that in the peculiar facts and circumstances of the case, no damages shall be recovered from the petitioner for delayed payment of the same. But statutory interest would be payable. Needless to say, the stay granted O.P.No. 6786/2000 -: 2 :- by this Court would continue to be in force till orders are passed, giving the petitioner sufficient time to pay off the amounts. The original petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/