IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 12TH FEBRUARY 2008 / 23RD MAGHA 1929 WP(C).No. 27189 of 2007(J) -------------------------- PETITIONER: ------------ M/S. LEKSHMI ENTERPRISES, CASHEW PROCESSORS EXPORTERS AND IMPORTERS, KILIKOLLOOR, KOLLAM REPRESENTED BY ITS MANAGING PARTNER K.RADHAKRISHNA PILLAI. BY ADV. SRI.A.M.SHAFFIQUE SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.ANIL D. NAIR RESPONDENTS: ------------- 1. THE REGIONAL PROVIDENT FUND COMMISSIONER EMPLOLYEES PROVIDENT FUND ORGANIZATION REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN , PATTOM, THIRUVANANTHAPURAM. 2. N.SATHEESAN, ASSISTANT PROVIDENT FUND COMMISSIONER EMPLOLYEES PROVIDENT FUND ORGANIZATION REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN , PATTOM, THIRUVANANTHAPURAM. 3. THE EMPLOLYEES PROVIDENT FUND APPELLATE TRIBUNAL, NEW DELHI. BY ADV. SRI.N.N. SUGUNAPALAN, SC, P.F. SMT.T.N.GIRIJA, SC,EPF ORGANISATION THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No. 27189/2007 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT DATED 22/03/2006. P2 : COPY OF THE JUDGMENT IN WP(C) No. 22436/2006 DATED 18/09/2006. P3 : COPY OF THE LETTER DATED 15/11/2006, WHEREBY THE PETITIONER WITHDRAW THE APPEAL. P4 : COPY OF THE ORDER DATED 01/02/2007 ISSUED BY THE 2ND RESPONDENT. P5 : COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, NEW DELHI ON APRIL 2007. P6 : COPY OF THE PETITION FILED BEFORE THE EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, NEW DELHI ON APRIL 2007. P7 : COPY OF THE STAY PETITION FILED BEFORE THE EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, NEW DELHI ON APRIL 2007. P8 : COPY OF THE NOTICE DATED 05/07/2007 ISSUED BY THE 2ND RESPONDENT. P9 : COPY OF THE NOTICE DATED 23/08/2007 ISSUED BY THE ENFORCEMENT OFFICER, EMPLOYEES PROVIDENT FUND ORGANISATION, KOLLAM. // TRUE COPY // PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.27189 OF 2007 ---------------------------------------- Dated this the 12th day of February, 2008 JUDGMENT The petitioner has filed this writ petition aggrieved by Ext.P4 order, whereby the respondents have assessed contributions under Section 7A of the Employees Provident Funds and Miscellaneous Provisions Act. One of the contentions raised by the petitioner in this writ petition is that the Assistant Provident Fund Commissioner (C & R) has no jurisdiction to pass the order under challenge. In the statement filed by the counsel for the respondents in paragraph 4 it is stated thus: “Since the establishment has challenged the Authority of Assistant Provident Fund Commissioner (C & R) to conduct the proceedings under Section 7A in view of the directions of this Hon'ble Court, the Regional Provident Fund Commissioner-I, Kerala has directed Regional Provident Fund Commissioner (C & R), Regional Office, Thiruvananthapuram to issue fresh notice to the petitioner and to dispose of the matter afresh. The Regional Provident Fund Commissioner, Kollam has also been instructed not to take any coercive action against the establishment for recovery of the assessed dues pending a final decision by this Hon'ble Court.” W.P.(c) No.27189/07 2 It is categorically asserted that the matter would be considered by the Regional Provident Fund Commissioner after issuing fresh notice to the petitioner and that no coercive action against the petitioner would be initiated. The same is recorded and the writ petition is closed. I also record the submission of the learned counsel for the petitioner that the personal allegations raised by the petitioner against the Officer concerned has not been answered by him by filing a counter affidavit. I leave all those contentions open to be agitated by the petitioner in future, if necessary. S. SIRI JAGAN, JUDGE Acd W.P.(c) No.27189/07 3