Kerala High Court
Sivagiri Sree Narayana Medical Mission ... vs The Regional Provident Fund ... on 23 May, 2013
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
THURSDAY, THE 7TH DAY OF JUNE 2018 / 17TH JYAISHTA, 1940
WP(C).No. 14751 of 2017
PETITIONER:
SIVAGIRI SREE NARAYANA MEDICAL MISSION HOSPITAL
MEDICAL MISSION HOSPITAL,
VARKALA, THIRUVANANTHAPURAM DISTRICT,
REPRESENTED BY THE SECRETARY
BY ADVS.SRI.SAJAN VARGHEESE K.
SRI.LIJU. M.P
RESPONDENT(S):
1. THE REGIONAL PROVIDENT FUND COMMISSIONER,
EMPLOYEES PROVIDENT FUND ORGANISATION,
'BHAVISHYANIDHI BHAVAN', PATTOM,
THIRUANANTHAPURAM 695 004
2. THE ASSISTANT PROVIDENT FUND COMMISSIONER,
EMPLOYEES PROVIDENT FUND ORGANISATION,
REGIONAL OFFICE, THIRUVANANTHAPURAM
BY SRI.PIRAPPANCODE V.S.SUDHIR,SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-06-2018,
ALONG WITH WP(C) 11852/2011 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
PBS
WP(C).No. 14751 of 2017 (T)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 TRUE COPY OF GO(RT) NO 893/2013/LABOUR DATED
23-05-2013
EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 31-10-2016 ISSUED
BY THE FIRST RESPONDENT IN TERMS OF PARAGRAPH
26-B OF EMPLOYEES PROVIDENT FUNDS SCHEME TO
THE PETITIONER
EXHIBIT P3 TRUE COPY OF THE STATEMENT SUBMITTED BY THE
PETITIONER BEFORE THE FIRST RESPONDENT ON
13-12-2016
EXHIBIT P4 TRUE COPY OF THE STATEMENT DATED 07-02-2017
SUBMITTED BY THE PETITIONERE BEFORE THE FIRST
RESPONDENT
EXHIBIT P5 TRUE COPY OF THE JUDGMENT RENDERED IN
REGIONAL PROVIDENT FUND COMMISSIONER,
MANGLORE V. CENTRAL ARECANUT AND COCA
MARKETING CO-OPERATIVE LTD, MANGALORE {(2006) 2
SEC 381}
EXHIBIT P6 TRUE COPY OF THE JUDGMENT RENDERED BY THIS
HON'BLE COURT IN WP(C) NO 10644/2007
EXHIBIT P7 TRUE COPY OF THE ORDER DATED 08-03-2017 PASSED
BY THE FIRST RESPONDENT
EXHIBIT P8 TRUE COPY OF THE NOTICE DT 14-03-2017 ISSUED BY
THE RESPONDENT UNDER SECTION 7A(1) (B) OF THE
EMPLOYEES PROVIDENT FUNDS AND MISCELLANEOUS
PROVISIONS ACT, 1952
EXHIBIT P9 TRUE COPY OF GO(P) NO. 74/2013/LBR DATED 07/06/2013.
EXHIBIT P10 TRUE COPY OF THE ORDER DATED 18.06.2014 PASSED IN WP(C)
NO. 15477/2014 ON THE FILE OF THIS HONOURABLE COURT.
EXHIBIT P11 TRUE COPY OF THE INTERIM ORDER DATED 22.07.2014 PASSED
IN WP(C) NO. 18692/2014 ON THE FILE OF THIS HONOURABLE
COURT.
EXHIBIT P12 TRUE COPY OF THE JUDGMENT DATED 07.06.2017 PASSED IN
WP(C) NO. 18692/2014 ON THE FILE OF THIS HON'BLE COURT.
RESPONDENT'S EXHIBIT NIL
/TRUE COPY/
PS TO JUDGE
PBS
18/7/2018
(C.R.)
ALEXANDER THOMAS, J.
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W.P(C).No.14751 of 2017
&
W.P.(C) No.11852 of 2011
-----------------------------------------
Dated this the 7th day of June, 2018
JUDGMENT
The common question that arises in these cases is as to whether b