IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 WA.No. 2895 of 2007 ----------------------------- AGAINST THE JUDGEMENT IN WPC.29419/2004 Dated 09/07/2007 .................... APPELLANTS / RESPONDENTS. --------------------------------------------- 1. CENTRAL BOARD OF TRUSTEES, EMPLOYEES PROVIDENT FUND ORGANISATION - REPRESENTED BY SECRETARY, BHAVISHYA NIDHI BHAVAN, 14, BHIKAJI CAMA PLACE, NEW DELHI - 110 066. 2. REGIONAL PROVIDENT FUND ORGANISATION, EMPLOYEES PROVIDENT FUND ORGANISATION - SUB REGIONAL OFFICE, P.B.NO.12806, ERANHIPALAM, KOZHIKODE - 673 006. 3. ENFORCEMENT OFFICER, EMPLOYEES PROVIDENT FUNDS, P.B.NO. 1806, ERANHIPALAM, KOZHIKODE - 6. 4. RECOVERY OFFICER, EMPLOYEES PROVIDENT FUNDS, BHAVISHYA NIDHI BHAVAN, P.B.NO.1806, ERANHIPALAM, KOZHIKODE - 6. BY ADV. SRI.N.N.SUGUNAPALAN (SR.) SMT.T.N.GIRIJA, SC,EPF ORGANISATION RESPONDENTS / PETITIONER. -------------------------------------------- 1. T.SURESHAN, MANAGING PARTNER, ORIENTAL TRADING COMPANY, KOLTHARA, CHERUVANNUR, KOZHIKODE. WA.No. 2895 of 2007 :: 2 :: Addl. R2. EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, NEW DELHI. (Additional respondent no.2 impleaded suo motu as per judgment dated 22nd August 2008. ) BY ADV. SRI.P.VIJAYAKUMAR ASST. S.G. SRI.P.PARAMESWARAN NAIR for APPELLATE TRIBUNAL THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No.2895 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of August 2008 JUDGMENT H.L.DATTU, C.J. This writ appeal is directed against the orders passed by the learned Single Judge in Writ Petition No.29419 of 2004, dated 9-7-2007. The learned Single Judge has granted more relief than the petitioner was really entitled to. 2. Petitioner is a partnership firm and was running a tile factory at Kolathara near Feroke. 3. The Regional Provident Fund Commissioner, being of the opinion that there is a delay in payment of contribution for the months of April 1994 - March 1995, April 1995 - July 1995, August 1995 - December 1995, January 1996 - June 1998, August 1995 - February 1997 and June 1998 - March 2000, had issued notice under Section 14B of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (for short 'the Act'). For various reasons, which are narrated in the writ petition, petitioner could not file any reply to the notices issued under Section 14B of the Act. Since the petitioner had not filed any reply to the notice issued by him, the Regional Provident Fund Commissioner has proceeded to pass Ext.P1 order, dated 3-8-2000 and Ext.P2 order dated 13-9-2002. Thereafter, has initiated revenue recovery proceedings to recover the amount quantified by him under Section 14B of the Act. W.A.No.2895 OF 2007 :: 2 :: 4. Aggrieved by the ex-parte orders passed under Section 14B of the Act and the Revenue Recovery notices issued pursuant thereto, petitioner was before this court in Writ Petition No.29419 of 2004. The learned Single Judge, by his order dated 9th July, 2007, being of the opinion that financial constraints could also be one of the good grounds for scaling down the quantum of damages, has disposed the writ petition and has directed the petitioner to pay only 60% of the quantified damages. It is the correctness or otherwise of the said order is called in question by the respondents in this writ appeal. 5. The contesting respondent has filed his cross objection. 6. After filing the writ petition, petitioner has also filed an appeal against the ex parte orders passed by the Regional Provident Fund Commissioner before the Employees Provident Fund Appellate Tribunal, New Delhi. We are informed by the learned counsel for the contesting respondent that the said appeal is pending consideration before the Tribunal. 7. The Regional Provident Fund Commissioner has quantified the damages payable under Section 14B of the Act. It is an ex-parte order, since the petitioner has not filed a reply under Section 14B of the Act. Rightly in our opinion, the contesting respondent in this appeal has preferred an appeal before the Appellate Tribunal. W.A.No.2895 OF 2007 :: 3 :: 8. Since the petitioner has an effective and efficacious remedy provided under the statute itself, in our opinion, the learned Single Judge need not have interfered with the ex-parte order passed by the Regional Provident Fund Commissioner passed under Section 14B of the Act. 9. Since we intend to issue certain directions to the Employees Provident Fund Appellate Tribunal, New Delhi, the said authority is suo motu impleaded as one of the respondents in this appeal. We also direct Sri.P.Parameswaran Nair to take notice for the Tribunal. 9. In view of the above, without going into the othre details of the case, we pass the following: ORDER (i) Writ appeal is disposed of. (ii) We direct the Employees Provident Fund Appellate Tribunal, New Delhi, before whom the appeal filed by the contesting respondent in this appeal is stated to be pending consideration, to pass appropriate orders in accordance with law, as expeditiously as possible, at any rate, without being influenced by any one of the observations made by the learned Single Judge while disposing of the Writ Petition No.29419/04 filed by the contesting respondent in this appeal. W.A.No.2895 OF 2007 :: 4 :: (iii) We make it clear that we have not considered the case pleaded by the parties on merits. (iv) All the contentions of both the parties are left open. (v) The interim order granted by this court will enure to the benefit of the contesting respondent till the matter is decided by the Appellate Tribunal. (vi) In view of the disposal of the appeal, it may not be necessary to consider the cross objections filed by the contesting respondent. Accordingly, we dispose of the same as having become unnecessary. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE jes/dk.