Dismissed

Trivandrum Taluk Educational Co.Op.So. v. Regional Provident Fund Commr.

Kerala HC8 Nov 2012WP(C)/36121/2003

Case brief

AI extract

What is this about?

The High Court held that no legal ground exists to interfere with the Provident Fund Department's coercive action for non-payment of statutory contributions, though directions were issued to regularize arrears.

What did the court decide?

Petitioner directed to submit representation regarding arrears; if cleared, PF Department to issue certificate, else to grant time to pay.

Trivandrum Taluk Educational Co.Op.So. Vs Regional… — Service and Employment | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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THURSDAY, THE 8TH DAY OF NOVEMBER 2012/17TH KARTHIKA 1934

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WP(C).No. 36121 of 2003 (A)

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PETITIONER:

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1. THE CONVENOR, COMMITTEE OF ADMINISTRATORS TRIVANDRUM TALUK EDUCATIONAL CO-OPERATIVE SOCIETIES LIMITED NO.T.690, THAMPANUR, TRIVANDRUM.

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2. TRIVANDRUM TALUK EDUCATIONAL CO-OPERATIVE SOCIETIES LIMITED NO.T.690, THAMPANUR, TRIVANDRUM, REP. BY ITS SECRETARY.

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BY ADVS.SRI.S.M.PREM SMT.K.P.SANTHI

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RESPONDENT(S):

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1. REGIONAL PROVIDENT FUND COMMISSIONER, TRIVANDRUM.

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2. THE ASSISTANT COMMISSIONER (RECOVERY) OFFICE OF THE REGIONAL PROVIDENT FUND COMMISSIONER, TRIVANDRUM.

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3. THE RECOVERY OFFICER, DO.

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R1 TO R3 BY ADV. SRI.N.N. SUGUNAPALAN, SC, P.F.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 36121 of 2003 (A)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1:	COPY OF THE STATEMENT FILED BY THE SOCIETY.
EXT.P2:	COPY OF THE INSPECTION ORDER DATED 18/7/2003 NO.155/2003.
EXT.P3:	COPY OF E.P.F. STATEMENT DURING 3/1998 TO 7/2002.
EXT.P4:	COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 27/8/2001.
EXT.P5:	COPY OF THE PROCEEDINGS NO.KR-5682/ENF.V(3) 2001/2905 DT.22/8/2001.
EXT.P6:	COPY OF THE ORDER OF ATTACHMENT OF IMMOVABLE PROPERTY DATED NIL.
EXT.P7:	COPY OF THE DEMAND NOTICE NO.KR/5682/RECOVERY/RO/TVM/2003 DATED 10/6/2003.
EXT.P8:	COPY OF THE RECEIPT ISSUED BY THE RECOVERY OFFICER.
EXT.P9:	COPY OF DETAILS OF REMITTANCE DURING 2000-2001.
EXT.P10:	COPY OF THE MINUTES OF THE MEETING DATED 27/5/2003.
EXT.P11:	COPY OF THE LETTER DT.2/5/2003 ENCLOSING THE REPRESENTATION OF THE EMPLOYEES DATED 28/4/2003.
EXT.P12:	COPY OF THE PETITION DATED 23/7/2003.
EXT.P13:	COPY OF RESOLUTION NO.1 DATED 6/6/2003.
EXT.P14:	COPY OF THE PROCEEDINGS NO.CIT(2) 1831/2002 DATED 28/8/2003.
EXT.P15:	COPY OF THE LETTER DATED 7/11/2003 WITH AFFIDAVIT.
EXT.P16:	COPY OF RESOLUTION NO.6 DATED 24/4/204.
EXT.P16:	COPY OF THE STATEMENT OF REMITTANCE FROM 6/2002 TO 1/2004. (IN I.A.NO. 15195).
EXT.P17:	COPY OF THE CERTIFICATE DATED 15/12/2003.
EXT.P17:	COPY OF THE ORDER NO.KR/TVM/ENF(2)5652/04/6127 DATED 14/12/2004. (IN I.A.NO. 15195).
EXT.P18:	COPY OF THE STATEMENT OF REMITTANCE DURING 1-2003 TO 1- 2004.
EXT.P19:	COPY OF THE DETAILED STATEMENT OF P.F. REMITTANCE DURING 1/2004 TO 8/2005.

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CONT...

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WP(C).No. 36121 of 2003 (A)

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EXT.P20: COPY OF E.P.F FROM NO.12A DETAILS DATED 23/6/205.

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EXT.P21: COPY OF THE LETTER DATED 13/8/2004. EXT.P22: NIL

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EXT.P23: NIL

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EXT.24: COPY OF THE EXTRACT OF RESOLUTIONS NO.1 AND NO.2 PASSED IN THE BOARD MEETING NO.64/2009 DATED 14/11/2009 OF THE PETITIONER SOCIETY.

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EXT.P25: COPY OF THE EXTRACT OF RESOLUTIONS NO.1 AND NO.2 PASSED IN THE BOARD MEETING NO.65/2009 DATED 28/11/2009 OF THE PETITIONER SOCIETY.

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EXT.P26(A): COPY OF THE RECEIPT FOR PAYMENT OF P.F. CONTRIBUTION IN A/C NO.23058.

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EXT.P26(B): COPY OF THE RECEIPT FOR PAYMENT OF P.F. CONTRIBUTION IN A/C NO.28284.

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EXT.P26(C): COPY OF THE RECEIPT FOR PAYMENT OF P.F. CONTRIBUTION IN A/C NO.9428.

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EXT.P26(D): COPY OF THE RECEIPT FOR PAYMENT OF P.F. CONTRIBUTION IN A/C NO.38631.

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EXT.P26(E): COPY OF THE RECEIPT FOR PAYMENT OF P.F. CONTRIBUTION IN A/C NO.38631.

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EXT.P26(F): COPY OF THE RECEIPT FOR PAYMENT OF P.F. CONTRIBUTION IN A/C NO.32157.

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EXT.P26(G): COPY OF THE RECEIPT FOR PAYMENT OF P.F. CONTRIBUTION IN A/C NO.128128.

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EXT.P26(H): COPY OF THE RECEIPT FOR PAYMENT OF P.F. CONTRIBUTION IN A/C NO.44876.

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RESPONDENT'S EXHIBITS:

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EXT.R2(A): COPY OF THE PROFORMA 'A' FURNISHED BY THE PETITIONER, DATED 28/3/2001.

/TRUE COPY/

P.A.TO JUDGE

A.M.SHAFFIQUE, J.

---------------------------------------------------W.P.(C) No. 36121 of 2003 -A

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--------------------------------------------------Dated this the 8^th day of November, 2012

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J U D G M E N T

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This writ petition is filed when coercive action was

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taken by the Provident Fund Department for non-payment of the contribution payable by the employer. Exts.P4 to P7 are the notices for attachment for sale of property belonging to the 2^nd respondent. It is submitted by the learned counsel for the petitioner that during 2000 to 2002 and during the pendency of the above writ petition various amounts had been remitted to the Provident Fund Department. Learned senior counsel appearing for the P.F. Department submits that there is arrears to be paid for the period 2000-2002 and if any adjustments or concessions are required to be made in respect of the provident fund already paid, the same shall be done. Having heard the respective contentions, I do not think that any legal ground exists to interfere with the action taken by the P.F.Department as the obligation is statutory in nature. However, the writ petition can be disposed of as follows:

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W.P.(C) No. 36121 of 2003 -A

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(i) The petitioner shall submit a representation to the P.F. Department with all particulars regarding the arrears and if the entire arrears have been paid, the Department shall give a certificate to that effect.

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(ii) If any amount is further due, the petitioner's representation shall be considered by the P.F. Department and appropriate orders be passed granting sufficient time to pay arrears .

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A.M.SHAFFIQUE, JUDGE.

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rka

Trivandrum Taluk Educational Co.Op.So. v. Regional Provident Fund Commr.

Case brief

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Trivandrum Taluk Educational Co.Op.So. v. Regional Provident Fund Commr.

Case brief

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What the court decided

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