Jamaludheen Farooque v. Employees Provident Fund Organisation
Case brief
What is this about?
Petitioner challenged show cause notice for potential arrest on arrears claiming lack of opportunity to defend. Court allowed remission of part dues and conditional relief to reconsider assessment after deposit.
What did the court decide?
Show cause notice set aside on condition of depositing Rs 2 lakh and authorities providing opportunity for hearing with reconsideration.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
MONDAY ,THE 10TH DAY OF DECEMBER 2018 / 19TH AGRAHAYANA, 1940
WP(C).No. 36765 of 2018
PETITIONER/S:
JAMALUDHEEN FAROOQUE AGED 49 YEARS THARAVATHA HOUSE, FEROKE COLLEGE.P.O, KOZHIKODE-673632.
BY ADVS.
SRI.NAVOD PRASANNAN PATTALI SRI.K.V.KRISHNAKUMAR
RESPONDENT/S:
- 1 EMPLOYEES PROVIDENT FUND ORGANISATION REPRESENTED BY ADDITIONAL CENTRAL PROVIDENT FUND COMMISSIONER, (KERALA AND LAKSHADWEEP), BHAVISHYANIDHI BHAVAN, P.B.NO.1016, PATTOM, THIRUVANANTHAPURAM 695 004.
- 2 REGIONAL PROVIDENT FUND COMMISSIONER BHAVISHYA NIDHI BHAWAN, JOURNALIST COLONY, CHAMMANY ROAD, KATHRIKADAVU, ERNAKULAM-682017.
Issues for consideration
3 issues framed by the court
Whether the petitioner can be arrested for arrears under the EPF Act without being afforded an opportunity to defend himself regarding the quantum of dues?
Whether the petitioners depositing a sum to reconsider the assessment and get a hearing will justify setting aside the arrest notice?
Whether the high court can remit the matter to the authorities for reconsideration and opportunity of hearing before upholding potential arrest?
Parties & counsel
- petitioner
JAMALUDHEEN FAROOQUE
- respondent
EMPLOYEES PROVIDENT FUND ORGANISATION
Coram
DAMA SESHADRI NAIDU
Case details
As recorded by the court registry
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