High Court of KeralaWP(C)/8845/2015disposed of

The Secretary v. The Regional Provident Fund

2015-03-20Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 20TH DAY OF MARCH 2015/29TH PHALGUNA, 1936 WP(C).No. 8845 of 2015 (E) --------------------------- PETITIONER:

-------------------------- THE SECRETARY AGED 49 YEARS THRISSUR DISTRICT SCHEDULED CASTE/SCHEDULED TRIBE MOTOR TRANSPORT COOPERATIVE SOCIETY LTD. (NO.740) OLLUKARA PULLAZHI P.O, THRISSUR-680 012.

BY ADV. SRI.P.DEEPAK RESPONDENTS:

----------------------------

1. THE REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION SUB-REGIONAL OFFICE, 36/685 A, BHAVISHYA NIDHI BHAVAN KALOOR KOCHI-682 017.

2. THE ASSISTANT PROVIDENT FUND COMMISSIONER & RECOVERY OFFICER EMPLOYEES PROVIDENT FUND ORGANIZATION SUB-REGIONAL OFFICE, 36/685 A, BHAVISHYA NIDHI BHAVAN KALOOR KOCHI-682 017.

3. THE ENFORCEMENT OFFICER EMPLOYEES PROVIDENT FUND ORGANIZATION THRISSUR 680002.

R-R BY ADV. DR.S.GOPAKUMARAN NAIR (SR.) R-R BY ADV. SRI.A.RAJASIMHAN,SC,EPF ORGANISATION BY ADV.SRI PRASANTH, SC, EPF ORGANISATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-032015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 8845 of 2015 (E) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 - A TRUE COPY OF THE TEMPORARY PERMIT ISSUED TO KL-08/AC 5520 EXT.P2 - A TRUE COPY OF THE MAHAZZER DATED 25-02-2015 PREPARED BY THE 3RD RESPONDENT EXT.P3 - A TRUE COPY OF THE SAID WARRANT OF ATTACHMENT DATED 18-02-2015 EXT.P4 - A TRUE COPY OF THE REPRESENTATION DATED 05-03-2015 RESPONDENT(S)' EXHIBITS : NIL --------------------------------------- TRUE COPY P.A TO JUDGE jma

K. VINOD CHANDRAN, J - - - - - - - - - - - - - - - - - - - - - - - W.P(C) No. 8845 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of March, 2015

J U D G M E N T

The petitioner is aggrieved with the attachment of a vehicle for demand made for the default committed in payment of contribution under the Employees Provident Fund and Miscellaneous Provisions Act, 1952. The amounts for which attachment is made is Rs. 1,46,908/- as is indicated in Ext.P3.

2. The learned Standing Counsel for the Organisation appears and submits that out of the aforesaid amount, Rs.62,000/- is the amount which were deducted by the petitioner from the salary of his employees and not paid to the EPF Organisation.

3. In such circumstance the release of the vehicle can be ordered only if at least the employees contribution is paid. As soon as the employees contribution of Rs.62,000/- is paid, the organisation will release the vehicle if the same is done within a period of two months from today. If no payment is made, then,

WPC.No.8845/2015 : 2 :

the Organisation will be at liberty to proceed with the sale of the vehicle. However, if the deposit is made as per the directions of this Court, the balance amounts shall be deposited in four monthly installments starting from one month from the date of deposit of Rs.62,000/-. If any default is committed, again the EPF Organisation is entitled to possess the vehicle and proceed against the same.

The writ petition is disposed of.

Sd/- (K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge