Kerala High Court
M/S.Lakeshore Hospital & Research ... vs Regional Provident Fund Commissioner on 7 February, 2012
Author: V.Chitambaresh
Bench: V.Chitambaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
WEDNESDAY, THE 13TH DAY OF FEBRUARY 2013/24TH MAGHA 1934
WP(C).No. 31039 of 2012 (D)
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PETITIONER(S):
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M/S.LAKESHORE HOSPITAL & RESEARCH CENTRE LTD
MARADU, NETTOOR P.O
KOCHI 40
REPRESENTED BY ITS COMPANY SECRETARY MR. R MURALEEDHANRAN
BY ADVS.SRI.M.GOPIKRISHNAN NAMBIAR
SRI.P.GOPINATH
SRI.P.BENNY THOMAS
SRI.K.JOHN MATHAI
RESPONDENT(S):
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REGIONAL PROVIDENT FUND COMMISSIONER, KOCHI
EMPLOYEES' PROVIDENT FUND ORGANIOZATION
SUB REGIONAL OFFICE
BHAVISHYANIDHI BHAVAN, KALOOR
KOCHI 682017
R1 BY ADV. DR.S.GOPAKUMARAN NAIR (SR.)
R BY ADV. SRI.A.RAJASIMHAN,SC,EPF ORGANISATION
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
13-02-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX IN W.P.(C) NO.31039 OF 2012
PETITIONER'S EXTS:
EXT.P1 TRUE COPY OF THE NOTICE DATED 07-02-2012 ISSUED BY THE
RESPONDENT FIXING THE HEARING ON 23-02-2012
EXT.P2 TRUE COPY OF ONE OF THE LETTERS ISSUED TO A TRAINEE FOR
UNDERGOING TRAINING DATED 12-04-2010
EXT.P3 TRUE COPY OF THE RODER DATE D03-12-2012 ISSUED BY THE
RESPONDENT.
EXT.P4 TRUE COPY OF THE CERTIFICATE ISSUED BY BHARAT SEVAK SAMAJ
DATED 04-06-2010 FOR CONDUCTING VARIOUS COURSES LIKE
DIPLOMA IN ENDOSCOPY TECHNOLOGY P G DIPLOMA IN DIALYSIS
TECHNOLOGY DIPLOMA IN CSSD TECHNOCIAN PHARMACY ASSISTANT
DIPLOMA IN OPERATION THEATRE TECHNICIAN COURSES
EXT.P5 TRUE COPY OF THE STATEMENT SHOWING THE DETAILS OF THE
STIPEND PAID TO THE TRAINEES DURING THE PERIOD 4/2010 TO
12/2011
//TRUE COPY//
P.S. TO JUDGE.
V.CHITAMBARESH, J.
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W.P.(C) No. 31039 of 2012
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Dated this the 13th day of February, 2013
J U D G M E N T
A composite order passed by the respondent in terms of Para 26 B of the Employees Provident Funds Scheme, 1952 and Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 is under challenge. The petitioner which is a Hospital and Research Centre contends that the respondent has erroneously construed 'trainees' as employees entitled to continue as members of the Scheme. The various documentary evidence produced to show that the trainees do not fall within the inclusive definition of employee have not been adverted to by the respondent. There is also a contention that the respondent has erroneously reckoned the stipend paid to such trainees as salary to employees for the purpose of determination of the contribution. There is yet another contention that the tabulation and calculation of the total amount due from the petitioner to the Employees' Provident Fund Organisation is faulty, even if payable. W.P.(C) No.31039 of 2012 2
2. I feel that all these disputed questions of fact can be better adjudicated in an appeal under Section 7 I of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. A reference to the decision of the Division Bench of this Court in W.A.No.1721/2007 is apposite to the context. I have no doubt that the Employees' Provident Fund Appellate Tribunal will advert to all the contentions of the petitioner in detail after adverting to the documents produced in the enquiry. Needless to say that the grounds available in the enquiry under Para 26 B of the Scheme can also be incorporated in the appeal under Section 7 I of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 against the composite order (Ext.P3). The petitioner is also at liberty to seek for waiver of pre-deposit in terms of Section 7 O of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 in view of the peculiar circumstances of the case.
3. All coercive proceedings pursuant to Ext.P3 order impugned in the writ petition shall be put on hold for a period of W.P.(C) No.31039 of 2012 3 two months to enable the petitioner to work out his remedy.
The Writ Petition is disposed of as above.
V.CHITAMBARESH, Judge.
nj.