CHANGANACHERRY CO-OPERATIVE RUBBER MARKETING SOCIETY LTD. Vs. ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION

JUDGEMENT

(1.) Dated this the 4th day of January 2021 The Changanacherry Co-operative Rubber Marketing Society Limited has approached this Court impugning Ext.P6 Inspection Report settled by the Enforcement Officer of the Provident Fund Organisation, Kottayam and they allege that the contents thereof and the demand made therein are both untenable and without basis.

(2.) Sri.Mathew Sebastian, the learned counsel for the petitioner, makes several assertions and impels various contentions in opposition to Ext.P6, but primarily that the petitioner is employing only two persons at the moment. Sri.Mathew Sebastian, therefore, prays that Ext.P6 be set aside.

(3.) In response, the learned standing counsel for the Provident Fund Organisaton, Sri.Joy Thattil Itoop, submitted that the petitioner has approached this Court prematurely, since they can always file their objections to Ext.P6, which will then be considered by the competent Authority of the Organisation, leading to an enquiry under Sec. 7-A of the Employees' Provident Funds Miscellaneous Provisions Act, 1952 (for short, 'the Act'). Sri.Joy Thattil Itoop, therefore, prayed that this writ petition be dismissed and that the petitioner be either directed to pay the amounts as per Ext.P6 or to file their objections to it, if they are so interested.