A.K.CHANDRAN Vs. EMPLOYEES PROVIDENT FUND ORGANIZATION

JUDGEMENT

(1.) This writ petition is filed challenging Ext. P1 order issued by the Assistant Provident Fund Commissioner under section 7-A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as 'the Act') and for further consequential reliefs.

(2.) Heard the learned Counsel on either side. The main issue raised by the petitioner is regarding the finding of the EPF authorities regarding the wages of employees deployed in Fisheries Survey of India. According to the Assistant Provident Fund Commissioner, the issue is with reference to the salary structure of the employees deployed to Fisheries Survey of India. Petitioner contended that the salary exceeds Rs. 6,500/- whereas, according to the Assistant Provident Fund Commissioner, in terms of the report of the Enforcement Officer, the wage for each employee is only Rs. 5,880/-. According to the learned Counsel for the petitioner, the enquiry report was not served on him. However, it is relevant to note that the petitioner had also preferred a review petition under section 7-B of the Act and no additional materials were produced and therefore the review petition was also rejected. Perusal of the records clearly indicated that sufficient opportunity had been given to the petitioner to ventilate his grievance. The authorities have finalised the matter based on relevant materials and therefore it may not be possible for this Court to interfere with the findings recorded by the competent authorities. Under such circumstances, I do not think that the petitioner is entitled for any relief in the writ petition and accordingly the writ petition is liable to be dismissed. Learned Counsel for the petitioner submits that sufficient time may be granted to make the payment in installments.