Petitioner challenged an order under S.7A of the EPF Act and consequential recovery warrant. The Court held that since notice was served and an appeal lies, the writ petition is not maintainable and was dismissed.
The writ petition challenging the order of enquiry and recovery warrant is dismissed as not maintainable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
TUESDAY, THE 6TH DAY OF NOVEMBER 2012/15TH KARTHIKA 1934
WP(C).No. 17301 of 2011 (K)
PETITIONER(S):
E.M.ABDUL KHADER, AGED 63 YEARS, S/O.MOHAMMED, PROPRIETOR, AL-IQBAL HOSPITAL, CHENTRAPINNY, THRISSUR PIN 680 687.
BY ADV. SRI.RENJITH THAMPAN
RESPONDENT(S):
1. ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEE'S PROVIDENT FUND ORGANISATION, KALOOR, KOCHI - 17.
2. THE RECOVERY OFFICER, EMPLOYEE'S PROVIDENT FUND ORGANISATION, BHAVISHYANIDHI BHAVAN, KALOOR, KOCHI - 17.
BY ADV. DR.S.GOPAKUMARAN NAIR (SR.) BY ADV.SRI.A.RAJASIMHAN,SC,EPF ORGANISATION
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 17301 of 2011 (K)
APPENDIX
PETITIONER'S EXHIBITS:
| EXT.P1 | : | TRUE COPY OF THE RETURN FILED BY THE PETITIONER DATED 10/03/2011 |
|---|---|---|
| EXT.P1(a) | : | TRUE COPY OF THE RETURN FILED BY THE PETITIONER DATED 09/02/2011 |
| EXT.P1(b) | : | TRUE COPY OF THE RETURN FILED BY THE PETITIONER DATED 10/01/2011 |
| EXT.P1(c) | : | TRUE COPY OF THE RETURN FILED BY THE PETITIONER DATED 10/12/2010 |
| EXT.P1(d) | : | TRUE COPY OF THE RETURN FILED BY THE PETITIONER DATED 09/11/2010 |
| EXT.P1(e) | : | TRUE COPY OF THE RETURN FILED BY THE PETITIONER DATED 08/10/2010 |
| EXT.P2 | : | TRUE COPY OF THE LETTER DATED 2/04/2011 ISSUED BY THE MANAGER CANARA BANK CHENTRAPPINNY. |
| EXT.P2(a) | : | TRUE COPY OF THE ORDER DATED 29/03/2011 ISSUED BY THE 1ST RESPONDENT. |
| EXT.P3 | : | TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 21/01/2011 |
| EXT.P4 | : | TRUE COPY OF THE LETTER DATED 10/06/2011 ISSUED TO THE PETITIONER. |
| EXT.P5 | : | TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 24/06/2011 |
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WP(C).No. 17301 of 2011 (K)
RESPONDENTS' ANNEXURES:
| ANNEXURE R1 (a) | : | TRUE COPY OF LIST OF NON-ENFOLLED EMPLOYEES |
|---|---|---|
| ANNEXURE R1(b) | : | TRUE COPY OF PROFORMA 'A' STATEMENT |
| ANNEXURE R1(c) | : | TRUE COPY OF LETTER DATED 27/09/2010 |
| ANNEXURE R1(d) | : | TRUE COPY OF LETTER DATED 8/12/2010 |
| ANNEXURE R1(e) | : | TRUE COPY OF NOTICE DATED 2/12/2010 |
/TRUE COPY/
P A TO JUDGE
MJL
A.M.SHAFFIQUE, J.
W.P.(C) No. 17301 of 2011 - K --------------------------------------------------Dated this the 6th day of November, 2012
J U D G M E N T
This writ petition is filed challenging Exts.P3 and P4. Ext. P3 is an order passed by the Assistant Provident Fund Commissioner after enquiry under S.7A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. Ext.P4 is the consequential order for recovery of the amounts by issuing a warrant pursuant to Ext.P3 order.
W.P.(C) No. 17301 of 2011 - K
2
In the above situation, I do not think that the petitioner is entitled to challenge Exts.P3 and P4 in this proceedings and it is open for him to file an appeal as envisaged under law. With the above observation, the writ petition is dismissed.
A.M.SHAFFIQUE, JUDGE.
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2 issues framed by the court
Whether the High Court can invoke jurisdiction under Article 226 to challenge an order under S.7A of the EPF Act when the appeal lies otherwise.
Whether the writ petition challenging the enquiry order and recovery warrant is maintainable.
2 provisions across 2 enactments
E.M.ABDUL KHADER
ASSISTANT PROVIDENT FUND COMMISSIONER
A.M.SHAFFIQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
