SASIKUMAR, ASSISTANT REGISTRAR/GENERAL MANAGER, AYURDHARA PHARMACEUTICALS Vs. ASSISTANT PROVIDENT FUND COMMISSIONER AND ORS.

JUDGEMENT

(1.) The petitioner herein is the General Manager of Ayurdhara Pharmaceuticals, a unit of the Kerala State Federation of SC/ST Development Co-operative Limited. He has approached this Court challenging Ext.P1 order, which is dated 23.01.2020, issued by the 1st respondent requiring him to show cause why warrant of arrest should not be issued.

(2.) Sri. T.M. Chandran, the learned counsel appearing for the petitioner, submitted that Ext.P1 order cannot be sustained in view of Section 8B of the Employees Provident Funds and Miscellaneous Provisions Act, 1952. He would contend that the proviso to Section 8B would say that the attachment and sale of any property mentioned in Sub Clause (a) should be exhausted first, before the recovery officer proceeds under Sub clause (b) and (c).

(3.) In response, Sri.Thomas Mathew Nellimoottil, the learned Standing Counsel appearing for the respondents, submits that the notice under Section 7A was challenged by the petitioner herein before this Court and this Court, by judgment dated 16.05.2017, had granted the petitioner herein 12 installments to clear off a sum of Rs.14,40,343/- due towards the organization. The petitioner committed default and paid only two installments. Thereafter, proceedings under Section 8F was initiated on 18.09.2019 for realizing the amounts due to the organization. He would contend that Ext.P1 is merely a show cause notice asking the petitioner herein to appear before the officer on 12.02.2020 and the apprehension of the petitioner that he would be arrested and detained is misconceived. The learned counsel submitted that the petitioner be directed to appear before the 1st respondent and furnish a statement.