IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 WP(C).No. 32520 of 2006(U) --------------------------------------- PETITIONER: ------------------- M/S.PIGEE AGENCIES, VELI ROAD, KOCHI-1, REPRESENTED BY ITS PROPRIETOR, SRI.MATHEW PERUMALI. BY ADV. SMT.M.K.PUSHPALATHA RESPONDENTS: ------------------------ 1. EMPLOYEES PROVIDENT FUND ORGANIZATION, REPRESENTED BY ASST. PROVIDENT FUND COMMISSIONER AND RECOVERY OFFICER, SUB REGIONAL OFFICE, KALOOR, KOCHI-17. 2. THE FERTILIZERS AND CHEMICALS TRAVANCORE LTD., UDYOGAMANDAL P.O., KOCHI, REP.BY MANAGER (MIXING OPERATIONS). 3. KOCHI THURAMUKHA THOZHILALI UNION, REG.NO.42/49, P.B.NO.183, KOCHI-682 003, REP.BY VICE PRESIDENT, V.J.VICTOR. R1 BY MR. S. GOPAKUMARAN NAIR, SC, P.F., R2 BY MR.A.M.SHAFFIQUE, SENIOR ADVOCATE, ADVS. MR.E.K.NANDAKUMAR, MR.A.K.JAYASANKAR NAMBIAR, MR.K.JOHN MATHAI, MR.ANIL D. NAIR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. V.GIRI, J. --------------------------- W.P.(C)No.32520 of 2006 --------------------------- Dated this the 28th day of July, 2009 JUDGMENT The petitioner is covered under the Employees Provident Funds and Miscellaneous Provisions Act, 1952. Final orders under Section 7A of the Act has also been passed. The real grievance of the petitioner arises from what is termed as “failure on the part of the respondents to give credit to the amounts already remitted”. There is also an allegation that 32 out of the 34 employees of the petitioner have already withdrawn their applications. 2. In my view, the contention of the petitioner, that the amounts due from the petitioner has already been remitted, shall be considered in the course of a reconciliation of account. The petitioner may clearly point out the payments and remittances made with reference to dates, within four weeks from today. Thereupon, the Enforcement Officer shall refer W.P.(C)No.32520 of 2006 :: 2 :: to the accounts and pleas made by the petitioner and draw up a statement of reconciliation. Coercive proceedings against the petitioner for the amounts due, shall be taken, after such reconciliation is effected. I make it clear that I have not, in any manner, intended to interfere with the assessment of contribution made against the petitioner. Subject to the above, the writ petition is disposed of. Sd/- (V.GIRI) Judge sk/ //true copy//