IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 3RD SEPTEMBER 2010 / 12TH BHADRA 1932 WP(C).No. 35517 of 2009(H) -------------------------- PETITIONER(S): --------------- NAJEEM MUSLIAR, PROPRIETOR, M/S. NAJEEM CASHEW INDUSTRIES, KERALAPURAM, KOLLAM, KERALA. BY ADV. SRI.JOHNSON GOMEZ RESPONDENT(S): --------------- 1. THE REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, OLD MUNICIPAL OFFICE BUILDINGS, KOLLAM-691001, KERALA. 2. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, BHAVISHYANIDHI BHAVAN, PATTOM.P.O. TRIVANDRUM-695004. 3. THE RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, ANNEX MANANIA COMPLEX, CHINNAKKADA, KOLLAM-691001, KERALA. ADV. SRI.PIRAPPANCODE V.S.SUDHIR,SC,EPF ORGN FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 35517 of 2009(H) APPENDIX PETIITIONER'S EXHIBITS: EXT.P1: A TRUE COPY OF THE SALE DEED DATED 29TH AUGUST 2006 EXECUTED BY THE PETITIONER. EXT.P2: A TRUE COPY OF THE NOTICE NO.KR/KLM/CIRCLE:18/DAMAGES/KR/1150/ CA/2413 DATED 31/05/2007 ISSUED BY THE SECOND RESPONDENT. EXT.P3: A TRUE COPY OF THE WARRANT OF ATTACHMENT NO.KR/KLM/1150/ RECOVERY/08 DATED 12/10/2009 ISSUED BY THE THIRD RESPONDENT. EXT.P4: A TRUE COPY OF THE MAHAZAR NO.KR/KLM/1150/450/RECOVERY/09- 2000 DATED 2.12.2009 PREPARED BY THE RECOVERY ENFORCEMENT OFFICER, KOLLAM. EXT.P5: A TRUE COPY OF THE REPRESENTATION DATED 4.12.2009 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. EXT.P6: A TRUE COPY OF THE PROCEEDINGS NO.KR/1150/TVM/PD/EX./NS/07/3464 DATED 3RD JULY 2007 ISSUED BY THE SECOND RESPONDENT. RESPONDENTS' EXHIBITS: ANNEXURE R1(a): TRUE COPY OF THE PROCEEDINGS NO.KRM/1150/TVM/PD/EX./NS/ 07/3464 DATED 3.7.2007. ANNEXURE R1(b): TRUE COPY OF THE LETTER DATED 21.6.2007 OF THE PETITIONER. // TRUE COPY // TKS C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.35517 of 2009 ---------------------------------------- Dated 3rd September, 2010 JUDGMENT The petitioner is the proprietor of M/s.Najeem Cashew Industries, Keralapuram in Kollam District. This writ petition has been filed mainly challenging Exts.P2 notice, P3 warrant of attachment and P6 order and for consequential reliefs. Ext.P2 is the notice issued under Section 7Q and 14B of the Employees' Provident Fund and Miscellaneous Provisions Act (`the Act' for short) demanding interest and damages for belated payment. Pursuant to Ext.P2, the proceedings were finalised and Ext.P6 final order was passed. The grievance of the petitioner is that the said assessment was made without affording him an opportunity of being heard as provided under Section 14B of the Act. However, the stand of the respondents is that earlier the petitioner has requested for an adjournment and thereafter he did not attend the hearing. Whatever that be, evidently, Ext.P6 is an order passed without hearing the petitioner. Admittedly, adverse civil consequences flow from the said order. Section 14B of the Act also provides for affording an opportunity of being heard. In the said circumstances, I am of the view that the matter requires WP(C).No.35517/3009 2 reconsideration after affording an opportunity as contemplated under Section 14B. To enable the first respondent to pass fresh orders in accordance with law, Ext.P6 is set aside. Consequentially, there will be a direction to the first respondent to afford an opportunity of being heard to the petitioner as contemplated under Section 14B of the Act and to pass orders on merits. C.T.RAVIKUMAR Judge TKS