SAJEEV T K Vs. PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) Ext. P4 proceedings had been addressed by the respondents - Employees Provident Fund Organisation towards the petitioner. Thereby, the petitioner was directed to make a payment of Rs. 2,68,739/- being outstanding dues of, contribution in respect of M/s. Malabar Chemical Company, Palluruthy. He has subjected this to challenge. According to the petitioner, there was an improper adjudication and he has been asked to shoulder the liability which is not sustainable legally.

(2.) Averments in the Writ Petition indicate that the Malabar Chemical Company was proprietary establishment owned by one Mr. K.H. Patel. He had other business also. Petitioner submits that effective from 1-1-2002, he had been given a power of attorney by Mr. Patel and he was as a friend, helping Mr. Patel in the matter of his affairs. A copy of the power of attorney which is dated 1-1-2002 is produced as Ext. P1. Mr. Patel had passed away on 17-03-2002. It appears that provident fund contributions were due from the establishment from 1998 onwards. The establishment had been closed down some time in October, 2002. Petitioner submits that by the time, at the instance of legal representatives of Mr. Patel, steps had been taken for the running of the business. As could be seen from Ext. P3, a partner had settled the matter with the workmen and had also expressed his intention to shoulder the Provident Fund liabilities to the full extent. The conciliation agreement is dated 17-10-2002.

(3.) Thus, according to the petitioner, he had no role in the running of the business concerned and Ext. P4 whereby large amounts were demand had no legal basis.