IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 WA.No. 1170 OF 2009() --------------------- AGAINST THE JUDGEMENT IN WPC.22062/2008 Dated 26/11/2008 .................... APPELLANT: PETITIONER ------------------------ M/S.SOUTH PAW SECURITY AND MANTECH SERVICE PVT.LTD., 30/287A 1ST FLOOR, POST OFFICE BUILDING, POONITHURA P.O., ERNAKULAM, REPRESENTED BY IT'S MANAGING DIRECTOR, COMMANDER R.G.VIJAYAN (RETD). BY ADV. SRI.THOMAS ABRAHAM SRI.DIPU.R SMT.MERCIAMMA MATHEW SRI.K.S.HARIDAS SRI.V.RENJITH KUMAR RESPONDENTS: RESPONDENTS -------------------------- 1. UNION OF INDIA, REPRESENTED BY IT'S SECRETARY, MINISTRY OF LABOUR, SHARANSATTI BHAVAN, NEW DELHI. 2. CHIEF PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, BHAVISHYA NIDHI BHAVAN 14, BIKAJICAMA PLACE, NEW DELHI. 3. REGIONAL PROVIDENT FUND COMMISSIONER, SUB REGIONAL OFFICE, 36/685 A, BHAVISHYA NIDHI BHAVAN, KALOOR, KOCHI. 4. BHARATH SANCHAR NIGHAM LTD (BSNL), REPRESENTED BY IT'S CHIEF GENERAL MANAGER, TRIVANDRUM. R3 BY ADV. SRI.S.GOPAKUMARAN NAIR, SENIOR ADVOCATE & ADV. SRI.M.CHANDRA BOSE R4 BY ADV. SRI.C.S.RAMANATHAN R1 BY SRI.T.P.M.IBRAHIM KHAN,ASST.SOLICITOR THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN Ag. CJ & C.N. RAMACHANDRAN NAIR, J. = = = = = = = = = = = = = = = = = = = = W.A. NO. 1170 OF 2009 = = = = = = = = = = = = = = DATED THIS, THE 8TH DAY OF MARCH, 2010. J U D G M E N T Raman, Ag. CJ. The matter relates to recovery of interest under Section 7Q of the Employees' Provident Funds and Miscellaneous Provision Act for belated payment of Employees' Provident Fund contribution and also against recovery of damages under Section 14B of the said Act. For an earlier period, this Court, after considering the challenge made in W.P.(C) 31396/2006 did not find any material ground to interfere with the order and this was confirmed in W.A. 2211/2007 by a Division Bench of this Court by judgment dated 16.9.2009, to which one of us (C.N. Ramachandran Nair, J.) was a party. We do not find a different view is possible in the present case. Following the said decision, we find that there is no merit in this writ appeal. Accordingly, it is dismissed. P.R. RAMAN, (Ag. CHIEF JUSTICE) C.N. RAMACHANDRAN NAIR, (JUDGE). knc/-