MATHEWS JOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER in W.P.(C) No.5314 of 2012 and Crl.M.C.No.1208 of 2012 is the same. He is the 1st petitioner in Crl.M.C.Nos.2022 of 2013 and 2039 of 2013. 2nd petitioner in the above said two Crl.M.Cs. is the wife of the 1st petitioner.

(2.) AS common questions arise in all these cases, all of them are heard together and disposed by this common order. Crl.M.C.No.2039 of 2013 is taken as the leading case. Documents are referred to as in that petition.

(3.) FACTS , in brief, relevant for our purpose, are as follows: 1st petitioner is the Managing Director of a private limited company and the 2nd petitioner is the Director of the said company. The company is covered under the provisions of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (in short, "the Act") and the Scheme having allotted Code No.KR/24550. The company started operations in Infopark, Kochi and Thrissur by engaging staff members. Due to certain unforeseen reasons, the company suffered substantial loss. On account of the financial difficulties faced by the company, contribution due to the provident fund account remained unpaid for a certain period. Annexure -A1 is the demand notice issued by the Regional Provident Fund Commissioner under the Act demanding an amount of Rs.12,10,746/ - for a period from September, 2009 to to July, 2010. He has invoked his power under Section 7A of the Act, which reads as follows: "Determination of moneys due from employers. -