Kerala High Court
Victor Olav Fernandez vs State Of Kerala on 14 December, 2009
Bench: C.N.Ramachandran Nair, V.K.Mohanan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 2275 of 2006()
1. VICTOR OLAV FERNANDEZ,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE COMMISSIONER, REGIONAL PROVIDENT
3. THE ASSISTANT PROVIDENT FUND
4. THE RECOVERY OFFICER, EMPLOYEES
For Petitioner :SRI.BECHU KURIAN THOMAS
For Respondent :SRI.N.N. SUGUNAPALAN, SC, P.F.
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice V.K.MOHANAN
Dated :14/12/2009
O R D E R
C.N.RAMACHANDRAN NAIR &
V.K.MOHANAN, JJ.
....................................................................
Writ Appeal Nos.2275 & 2256 of 2006
....................................................................
Dated this the 14th day of December, 2009.
JUDGMENT
Ramachandran Nair, J.
Appellant IS challenging judgment of the learned Single Judge holding that appellant and the licencee are jointly and severally liable under Section 17B of the Employees Provident Fund Act to pay the liability of the employees. We have in similar cases also held that the factory owner as well as the licencee are jointly and severally liable to pay the Provident Fund contribution under Section 17B of the Employees Provident Fund Act. It is for the appellant to claim reimbursement from the licencee and in fact, Suit filed by the appellant is stated to be pending. Writ Appeal, therefore, lack any merit and is dismissed. Appellant can approach the second respondent-Regional Provident Fund Commissioner and give a proposal and we are sure the second respondent will grant reasonable instalment facility for clearing the arrears on condition of appellant furnishing post-dated Cheques for recovering amounts on due dates of instalments granted by him. If 2 appellant gives undertaking along with post-dated Cheques, then the second respondent will direct the Recovery authorities to withhold recovery proceedings for recovery of arrears in terms of the instalment facility. Writ Appeals are dismissed, but with the above observation.
C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms