High Court of KeralaWP(C)/7822/2009disposed of

Agreenco Fibre Foam (P) Ltd. v. The Asst.Provident Fund

2015-01-23Honourable Mr.Justice K.Vinod Chandran3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:- THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 23RD DAY OF JANUARY 2015/3RD MAGHA, 1936 W.P.(C).No.7822 of 2009 (W) ------------------------------------------------------ PETITIONER(S):

-------------------------- THE MANAGING DIRECTOR, AGREENCO FIBRE FOAM (P) LTD., P.B.NO. 3622, VALAPAATANAM , KANNUR -10.

BY ADVS.SRI.E.K.NANDAKUMAR [SENIOR ADVOCATE], SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.ANIL D. NAIR.

RESPONDENT(S):- ----------------------------

1. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEE'S PROVIDENT FUND ORGANISATION, SUB REGIONAL OFFICE, V.K.COMPLEX, KANNUR 670 001.

2. THE MANAGER INDIAN OVERSEAS BANK, BALIAPATTAM, KANNUR.

R1 BY STANDING COUNSEL SRI.THOMAS MATHEW NELLIMOOTTIL. R2 BY STANDING COUNSEL FOR IOB.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:-

W.P(C).NO.7822 OF 2009-W APPENDIX PETITIOENR'S EXHIBITS:- ------------------------------------- EXT.P1 TRUE COPY OF THE PROHIBITORY ORDER DATED 19.02.2009 ISSUED BY THE 1ST RESPONDENT.

EXT.P2 TRUE COPY OF THE ATTACHMENT ORDER DATED 19.03.2008 ISSUED BY THE 1ST RESPONDENT TO THE MANAGER, AXIS BANK, KANNUR BRANCH.

EXT.P3 TRUE COPY OF THE DEMAND DRAFT DATED 19.3.2008 FOR RS.78,826/- ISSUED IN FAVOUR OF THE ASST. PROVIDENT FUND COMMISSIONER, KANNUR FROM THE AXIS BANK.

RESPONDENT'S EXHIBITS:- ---------------------------------------- NIL.

Vku/ ( true copy )

K.Vinod Chandran, J.

-------------------------------------- W.P.(C).No.7822 of 2009-W --------------------------------------- Dated this the 23rd day of January, 2015

JUDGMENT

The petitioner had challenged a demand raised under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 [for brevity "EPF Act"], under Exhibits P1 and P2. The petitioner's primary contention was that an amount of Rs.78,826/- which the petitioner had remitted, was not given credit to.

2. The EPF Organisation has filed a counter affidavit, in which it has been specifically stated that such deposit was for a different period.

3. In the light of the above, nothing survives in the writ petition. It is also to be noticed that the Section 7A order has not been challenged by the petitioner in a statutory appeal; nor in the present writ petition. Since there was a stay during all these years, the petitioner shall clear off the dues within three months from today and if not, the respondent shall be entitled to proceed for recovery. The writ petition is disposed of as above. No costs. Sd/- K.Vinod Chandran Judge vku/- ( true copy )