IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 WP(C).No. 29712 of 2004(K) -------------------------------------- PETITIONER(S) : --------------------- M/S.KANCOR FLAVOURS & EXTRACTS LIMITED, ANGAMALY SOUTH 683 573, REP. BY ITS MANAGER(PERSONNEL) K.JAYACHANDRAN. BY ADVS. SRI. JOSEPH KODIANTHARA SRI. MITHUN MARKOS SRI. C.R.MANOJ RESPONDENT(S) : ------------------------ 1. THE REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANISATION, 36/685A, BHAVISHYANIDHI BHAVAN, KALOOR, KOCHI 682025. 2. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, 36/685A, BHAVISHYANIDHI BHAVAN, KALOOR, KOCHIN 682025 3. EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, 7TH FLOOR, 60, SKYLARK BUILDING, NEHRU PLACE, NEW DELHI 110 019. * ADDL. RESPONDENT'S 4 & 5 IMPLEADED . 4. KANCORE CASUAL WORKERS UNION (INTUC) REG. NO.115/86 , ANGAMALY SOUTH - 683573 REPRESENTED BY ITS SITE LEADER, MR. K.T. RAJAPPAN. 5. KANCORE (BOI) GENERAL WORKERS UNION(CITU), REG.NO.106, ANGAMALY SOUTH - 683573, REPRESENTED BY ITS SITE LEADER, MR. P.D. KUNJU ADDL. RESPONDENT'S 4 & 5 ARE IMPLEADED AS PER ORDER DATED 2.08.2005 IN I.A. 11287/05. NS 2/- -2- W.P.C.29712/2004 R1 & R2 BY ADV. SRI. S.GOPAKUMARAN NAIR, SC, P.F. R3 BY ADV. SRI. V.B.PREMACHANDRAN, CGC R4 & R5 BY ADV. SRI. P.RAMAKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: NS W.P.C.29712/2004 APPENDIX PETITIONERS EXHIBITS : EXT. P1 : COPY OF NOTICE DATED 27.09.1996 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT. EXT. P2 : COPY OF ORDER DATED 16.04.1999 OF THE 1ST RESPONDENT. EXT.P3 : COPY OF APPEAL DATED 8.06.1999 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT. P4 : COPY OF CHALLAN DATED 31.08.1999 EXT.P5 : COPY OF PETITIONER 'S ADVOCATES LETTER DATED 1.09.1999 TO THE 3RD RESPONDENT. EXT.P6 : COPY OF LETTER DATED 1.09.2004 OF THE 1ST RESPONDENT TO THE PETITIONER. EXT. P7 : TRUE COPY OF ORDER DATED 8.12.1999 OF THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS : NIL / TRUE COPY / P.A. TO JUDGE NS B.P. RAY, J. - - - - - - - - - - - - - - - - - W.P.(C) No.29712 of 2004 - - - - - - - - - - - - - - - - Dated this the 14th day of November, 2011. JUDGMENT Heard the learned counsel for the petitioner and the learned counsel for the respondents. 2. By interim order dated 25.10.2011, this Court directed respondents 1 and 2 to file an affidavit indicating the petitioner's contribution towards the employer's contribution and as to whether in pursuance to the appellate order they are ready and willing to waive the employer's contribution towards the welfare fund. 3. In pursuance to the said order, the respondents have filed an affidavit stating that as per Ministry of Labour Circular No. SR.11025 (25)/87-SS-II, dated 6th October, 1989, the employees' share of contribution can be waived till the date of notice, Ext.P1 i.e., 27.09.1996 and there is no provision to waive the employer's share of contribution. 4. In view of such affidavit I dispose of the writ petition with a direction that the employees' share of contribution up to the date of notice i.e., 27.09.1996 shall be waived. The Commissioner shall re- adjudicate and proceed to collect and raise further demand, if any, in accordance with law. The parties are directed to appear before the before the 1st respondent on 06.12.2011. sd/- B.P. RAY, JUDGE. rv O.P. No. -:2:- B.P. RAY, J. ----------------------------------------------------------- O.P.No. 13887 of 2002 O.P. No. -:3:- ------------------------------------------------------------- Dated this the 20th day of September, 2011. JUDGMENT