LAWS(KER)-2012-11-356

MANAGING DIRECTOR Vs. KERALA STATE HUMAN RIGHTS COMMISSION

Decided On November 09, 2012
MANAGING DIRECTOR Appellant
V/S
Kerala State Human Rights Commission Respondents

JUDGEMENT

(1.) THE petitioner herein is a statutory corporation, viz. the Kerala State Warehousing Corporation represented by its Managing Director. The order under challenge is Ext.P5 dated 3.10.2012 of the Kerala State Human Rights Commission. The challenge is mainly on the ground that the order is one passed without hearing the petitioner.

(2.) THE petitioner Corporation is having its own Provident Fund and Pension Scheme which is managed by a Trust. The Fund is administered by a Committee comprising of the Managing Director, as the Chairman, two representatives of the employees and a pensioner nominated by the Managing Director. The employer is to contribute 10% of the basic pay + D.A. To the Pension Fund. It is submitted that pension is being disbursed regularly to retired employees.

(3.) IN Ext.P5, it has been held that non payment of Provident Fund contribution is a criminal offence and there is no explanation for not remitting the contribution deducted from the salary of employees. It is further stated therein that under the contributory Provident Fund Scheme, both employee's contribution and employer's contribution are due to the tune of rupees two crores. Therefore, the Commission recommends that urgent steps are to be taken to pay the same and that if the contributions as above are not paid, the Commission recommends that the salary should not be paid to the executives until the contributions are paid. A direction was given to the Managing Director to file a detailed statement regarding the above matters on or before 4.11.2012, as these specific matters are not replied in the reply dated 24.11.2008.