Kerala High Court
Preeja V.P vs The Regional Provident Fund ... on 30 October, 2020
Author: A.M.Badar
Bench: A.M.Badar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.M.BADAR
FRIDAY, THE 30TH DAY OF OCTOBER 2020 / 8TH KARTHIKA, 1942
WP(C).No.40796 OF 2017(Y)
PETITIONER/S:
PREEJA V.P., W/O. SHRI. PREMCHAND R.NAIR,
AGED 39 YEARS, 'RUDRAKSHA', CMRRA-136-A,
PERIYAR GARDENS, MANIMALA ROAD, EDAPALLY, KOCHI - 682 024.
BY ADV. SRI.MILLU DANDAPANI
RESPONDENT/S:
1 THE REGIONAL PROVIDENT FUND COMMISSIONER,
BHAVISHA NIDHI BHAVAN, KALOOR, KOCHI - 682 017.
2 AL-AMEEN PUBLIC SCHOOL (CBSE AFFILIATION NO. 930029
SCHOOL NO. 06513), EDAPALLY, KOCHI - 682 024,
REPRESENTED BY ITS PRINCIPAL.
3 THE CHAIRMAN, AL AMEEN EDUCATIONAL TRUST,
AL-AMEEN PUBLIC SCHOOL (CBSE AFFILIATION NO. 930029,
SCHOOL NO. 06513) EDAPALLY, KOCHI - 682 024.
4 THE MANAGER, AL-AMEEN PUBLIC SCHOOL
(CBSE AFFILIATION NO. 930029, SCHOOL NO. 06513)
EDAPALLY, KOCHI - 682 024.
5 THE PRINCIPAL, A-AMEEN PUBLIC SCHOOL
(CBSE AFFILIATION NO. 930029, SCHOOL NO. 06513)
EDAPALLY, KOCHI - 682 024.
R1 BY SRI.S.PRASANTH, SC, EMPLOYEES PROVIDENT FUND
ORGANISATION
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
30.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.40796 OF 2017 2
JUDGMENT
Dated this the 30th day of October 2020 The petitioner has filed the instant writ petition seeking the following reliefs:-
''(i) Issue a Writ of Mandamus or any other appropriate writ order or direction directing the respondent 4 and 5 to remit the Employees Provident Fund contribution to the petitioner's account from 01.06.2008 to 01.08.2011 with an interest at rate of 18% per annum.
(ii) Issue a writ of Mandamus or any other writ order or direction directing the 1st respondent to enquire into the allegation raised by the petitioner in Ext.P4 and Ext.P6, and take appropriate action against respondents 4 and 5 who are the Administrative Head and the Head of the Institution respectively.
(iii) Issue a Writ of Mandamus or any other Writ order or direction directing the 1st respondent to collect the Employees Provident Fund contribution due to the petitioner from the 2 nd respondent school from 01.082008 to 01.08.2011 with an interest at the rate of 18% and remit it in the Employees Provident Fund account of the petitioner.
(iv) Issue a writ of Mandamus r any other Writ order or direction directing the 1st respondent to initiate criminal proceedings against the respondents 4 and 5 who violated the provisions of Employees Provident Funds & Miscellaneous Provisions Act, 1952.
(iv) Issue a Writ of Mandamus or any other Writ order or direction directing the 1st respondent to take appropriate action/steps against the Enforcement Officers who omitted to notice the illegalities committed by the 4 th and 5th respondents with regard to the Employees Provident Fund contribution to the employees of the 2nd respondent school.'' WP(C).No.40796 OF 2017 3
2. Learned counsel for the petitioner submits that several prayers are made in the writ petition and therefore even though the learned Standing counsel for the Provident Fund Authorities submitted inquiry under Section 7A of the Employees Provident fund and Miscellaneous Provisions Act, 1952 (hereinafter referred to as 'the EPF Act') is initiated and is on the verge of completion, the writ petition needs to be entertained for other reliefs.
3. As against the submission of the learned counsel for the petitioner, learned Standing Counsel appearing for the Provident Fund Organisation submits that inquiry under Section 7A of the EPF Act had already been initiated and is closed for orders.
4. The averments in the writ petition are to the effect that the petitioner who appointed as a qualified teacher was shocked to realise that the provident fund account in her name was opened in the month of September 2011 and her date of joining was intimated to the 1st respondent as 01.08.2011 instead of 01.06.2008.
5. Considering the averments and grievances of the petitioner, this Court is satisfied that the Provident Fund WP(C).No.40796 OF 2017 4 Organisation has taken necessary steps in the matter by initiating and conducting inquiry under Section 7A of the EPF Act . The order, if any, which may be passed in that inquiry would be an appealable order. This Court hope and trust that on completion of inquiry by passing order, the order shall be communicated to the petitioner by the authorities under the EPF Act. The grievances of the petitioner is virtually redressed by the authorities by conducting the inquiry under Section 7A of the EPF Act. This Court hope and trust that all necessary action in the matter shall be taken by the respondent-Provident Fund Organisation . In this view of the matter, this Court is not of the opinion that there should be a direction in respect of other prayers made in the writ petition including initiation of criminal proceedings as the authority concerned under the EPF Act has taken necessary steps in the matter. The writ petition is therefore closed.
Sd/-
A.M.BADAR
ajt JUDGE
WP(C).No.40796 OF 2017 5
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE CERTIFICATE ISSUED BY
THE 3RD RESPONDENT DTD.11.02.2012.
EXHIBIT P2 THE TRUE COPY OF THE APPLICATION DTD.
16.06.2017 SUBMITTED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT.
EXHIBIT P3 THE TRUE COPY OF THE REPLY GIVEN TO THE EXT.P2 QUERY TO THE REPLY DTD. 30.06.2017. EXHIBIT P4 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE 1ST RESPONDENT.
EXHIBIT P5 THE TRUE COPY OF THE POSTAL RECEIPT EVIDENCING THE ISSUANCE OF EXT.P4 COMPLAINT AND THE ACKNOWLEDGMENT SHOWING ITS RECEIPT BY THE 1ST RESPONDENT.
EXHIBIT P6 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 18.08.2017 ALONG WITH THE COPY OF THE LIST OF THE TEACHING STAFF.
EXHIBIT P7 THE TRUE COPY OF THE ACKNOWLEDGMENT AND THE POSTAL RECEIPT EVIDENCING THE ISSUANCE AND RECEIPT OF THE EXT.P6 REPRESENTATION.