IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 WP(C).No. 6735 of 2009(J) ------------------------- PETITIONER(S): --------------- K.BABU, PROPRIETOR, M/S.MANNA CASHEWS CO., KANNANALLOOR, KOLLAM - 691 576. BY ADV. SRI.A.V.XAVIER SRI.K.JOLLY JOHN RESPONDENT(S): --------------- REGIONAL PROVIDENT FUND COMMISSIONER-II EMPLOYEES PROVIDENT FUND ORGANISATION, SUB REGIONAL OFFICE, KOLLAM - 691 001. ADV. SRI.PIRAPPANCODE V.S.SUDHIR,SC,EPF ORGN FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No.6735 OF 2009 ------------------------ Dated this the 11th day of March, 2009. JUDGMENT The grievance of the petitioner is mainly regarding Ext.P5, an order passed by the respondent rejecting Ext.P3, an application made by the petitioner to set aside Ext.P2, an ex-parte order passed under Section 7A of the Employees Provident Fund and Miscellaneous Provisions Act. According to the petitioner, when the enquiry preceding Ext.P2 was scheduled, he or his representative could not appear and though adjournment was sought for, declining the same, he was set ex-parte and Ext.P2 order was passed. It was seeking to set aside the said order that Ext.P3 application was filed by the petitioner under Section 7A(4) of the Act but however the same was rejected as per Ext.P5. It is in these circumstances the writ petition has been filed. WP(c).No.6735/09 / 2/ 2. I have gone through Ext.P5. I am not satisfied with the reasons stated therein and I feel that the petitioner should be given an opportunity to contest the matter on merits. 3. Learned Standing Counsel appearing for the respondent referring to the statement dated 10th March, 2009 sought to justify Ext.P5. However, he has also referred to me paragraph 12 of the statement where respondent himself has offered to give yet another chance to the petitioner, if this court feels it necessary. 4. Having heard both sides and going by Ext.P5 I am inclined to hod that the petitioner should be given an opportunity to contest the matter on merits. In view of this, I set aside Ext.P2 and P5 orders passed by the respondent under Section 7A ad 7A(4). It is directed that the petitioner shall appear before the respondent on 25.3.2009, with all records that he wants to rely on and thereafter the respondent shall conduct an enquiry as contemplated under Section 7A of the Act and conclude the WP(c).No.6735/09 / 3/ proceedings against the petitioner. This shall be done as expeditiously as possible and at any rate within six weeks from 25.3.2009. It is directed that in the meanwhile further proceedings pursuant to Ext.P2 and P5 shall be deferred. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.6735/09 / 4/