NAJUMUDEEN v. THE EMPLOYEES PROVIDENT FUND ORGANIZATION

BY ADVS. SRI.PIRAPPANCODE V.S.SUDHIR FOR R1 TO R3 SRI. S. SUJIN, STANDING COUNSEL, EPFO SRI. M JITHESH MENON FOR SBI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

10.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.12625 of 2018 2 JUDGMENT Dated this the 10th day of January, 2024 The petitioner is the proprietor of an establishment known as M/s. Najeem Cashew Industries, which is an establishment covered under the provisions of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (in short ‘the EPF Act’). The petitioner has approached this Court, challenging Ext.P3 and P5 orders.

2. Ext.P3 is a report of inspection by the Enforcement Officer of the Provident Fund Organization and Ext.P5 is an order issued by the Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Sub Regional Office, Kollam, under Section 7A of the EPF Act and finding, on the basis of Ext.P3 inspection report, and after hearing the petitioner, W.P.(C)No.12625 of 2018 3 that a sum of Rs.2,76,478/- (Rupees two lakhs seventy six thousand four hundred and seventy eight only), which is the shortfall in the remittance of EPF contribution as determined in that order, should be paid. Though Ext.P5 order was issued on 10.08.2010, the petitioner did not take any steps to challenge the same in accordance with the law and the Provident Fund Organization proceeded to recover the amount from the bank account of the petitioner. When recovery was effected from the bank account of the petitioner, on 15.12.2017, the petitioner has approached this Court by filing the above Writ Petition.

3. Having regard to the aforesaid facts and circumstances, I am of the view that, the petitioner is not entitled to any relief from this Court. The impugned order (Ext.P5), determining the liability of the petitioner, which was issued W.P.(C)No.12625 of 2018 4 after hearing the petitioner was so issued on

10.08.2010. Though the petitioner has a case that he had not received a copy of that order, the same cannot be accepted as it is seen from Ext.P5 that the same was issued by registered post both at the premises of the establishment and also to the residential address of the petitioner. Therefore, the Writ Petition is dismissed without going to the merits and on the ground that, there is unreasonable delay in approaching this Court, challenging Ext.P5 order. Sd/- GOPINATH P. JUDGE NB/10-1 W.P.(C)No.12625 of 2018 5 APPENDIX OF WP(C) 12625/2018 PETITIONER’S EXHIBITS EXHIBIT P1 EXHIBIT P1(A) EXHIBIT P1(B) EXHIBIT P1(C) EXHIBIT P1(D) EXHIBIT P1(E) EXHIBIT P1(F) EXHIBIT P1(G) EXHIBIT P1(H) EXHIBIT P1(I) EXHIBIT P1(J) EXHIBIT P1(K) EXHIBIT P1(L) EXHIBIT P1(M) EXHIBIT P2 THE TRUE COPY OF THE FORM 12A SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT FOR THE PERIOD 04/2008. THE TRUE COPY OF THE FORM 12A SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT FOR THE PERIOD 05/2008. THE TRUE COPY OF THE FORM 12A SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT FOR THE PERIOD 06/2008. THE TRUE COPY OF THE FORM 12A SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT FOR THE PERIOD 07/2008. THE TRUE COPY OF THE FORM 12A SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT FOR THE PERIOD 08/2008. THE TRUE COPY OF THE FORM 12A SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT FOR THE PERIOD 09/2008. THE TRUE COPY OF THE FORM 12A SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT FOR THE PERIOD 10/2008. THE TRUE COPY OF THE FORM 12A SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT FOR THE PERIOD 11/2008. THE TRUE COPY OF THE FORM 12A SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT FOR THE PERIOD 12/2008. THE TRUE COPY OF THE FORM 12A SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT FOR THE PERIOD 01/2009. THE TRUE COPY OF THE FORM 12A SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT FOR THE PERIOD 02/2009. THE TRUE COPY OF THE FORM 12A SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT FOR THE PERIOD 03/2009. THE TRUE COPY OF THE FORM 12A SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT FOR THE PERIOD 04/2009. THE TRUE COPY OF THE FORM 12A SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT FOR THE PERIOD 05/2009. THE TRUE COPY OF THE DETAILS OF CONTRIBUTION FOR THE PERIOD 03/2008 REMITTED BY THE W.P.(C)No.12625 of 2018 6 EXHIBIT P2(A) EXHIBIT P2(B) EXHIBIT P2(C) EXHIBIT P2(D) EXHIBIT P2(E) EXHIBIT P2(F) EXHIBIT P2(G) EXHIBIT P2(H) EXHIBIT P2(I) EXHIBIT P2(J) EXHIBIT P2(K) EXHIBIT P2(L) EXHIBIT P2(M) EXHIBIT P3 EXHIBIT P4 PETITIONER TO THE 2ND RESPONDENT. THE TRUE COPY OF THE DETAILS OF CONTRIBUTION FOR THE PERIOD 04/2008 REMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. THE TRUE COPY OF THE DETAILS OF CONTRIBUTION FOR THE PERIOD 05/2008 REMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. THE TRUE COPY OF THE DETAILS OF CONTRIBUTION FOR THE PERIOD 06/2008 REMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. THE TRUE COPY OF THE DETAILS OF CONTRIBUTION FOR THE PERIOD 07/2008 REMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. THE TRUE COPY OF THE DETAILS OF CONTRIBUTION FOR THE PERIOD 08/2008 REMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. THE TRUE COPY OF THE DETAILS OF CONTRIBUTION FOR THE PERIOD 09/2008 REMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. THE TRUE COPY OF THE DETAILS OF CONTRIBUTION FOR THE PERIOD 10/2008 REMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. THE TRUE COPY OF THE DETAILS OF CONTRIBUTION FOR THE PERIOD 11/2008 REMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. THE TRUE COPY OF THE DETAILS OF CONTRIBUTION FOR THE PERIOD 12/2008 REMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. THE TRUE COPY OF THE DETAILS OF CONTRIBUTION FOR THE PERIOD 01/2009 REMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. THE TRUE COPY OF THE DETAILS OF CONTRIBUTION FOR THE PERIOD 02/2009 REMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. THE TRUE COPY OF THE DETAILS OF CONTRIBUTION FOR THE PERIOD 03/2009 REMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. THE TRUE COPY OF THE DETAILS OF CONTRIBUTION FOR THE PERIOD 04/2009 REMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. THE TRUE COPY OF THE INSPECTION REPORT NO.KR/PFI/EO/1181/PRN/2009/9348 DATED 07.09.2009 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. THE TRUE COPY OF THE OBJECTION DATED 16.09.2009 IN EXT. P3 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. W.P.(C)No.12625 of 2018 7 EXHIBIT P5 EXHIBIT P6 THE TRUE COPY OF THE ORDER NO.KR/1181/ENF.I(4)/ 2010/915-A DATED 10.08.2010 UNDER SECTION 7A OF THE EMPLOYEES PROVIDENT FUND AND MISCELLANEOUS PROVISIONS ACT ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. THE TRUE COPY OF THE CHELLAN FOR 2,76,478/- EVIDENCING THE SEIZURE OF THE AMOUNT BY THE RESPONDENTS 1 TO 3 FROM THE ACCOUNT OF THE PETITIONER MAINTAINED IN THE 4TH RESPONDENT BANK. ₹ 2,76,478/- RESPONDENTS EXHIBITS: EXHIBIT R2 A TRUE COPY OF THE FORM 12A & MAHAZAR. TRUE COPY P.A. TO JUDGE