C. MAMMOOTTY Vs. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISTION AND ORS.

JUDGEMENT

(1.) The petitioner has filed this writ petition, aggrieved by Exts. P1 and P2 proceedings, initiated for recovery of Provident Fund dues outstanding in respect of M/s. Poonchola Plantations Pvt. Ltd.

(2.) The petitioner is a partner of M/s. Poonchola Plantations. The plantation was purchased by the petitioner along with other partners from M/s. Nedumattom Plantations Pvt. Ltd., during the period 1998-1999.

(3.) While so Ext. P1 notice was issued by the Assistant Provident Fund Commissioner, Calicut, on 24.4.2009 under Section 14B of the Employees Provident Fund and Miscellaneous Provision Act 1952 (hereinafter referred to as 'the Act 52'). The contribution towards the Employees Provident Fund due from the Nedumattom Plantations Pvt. Ltd. for the period from 6/88 to 3/90 and the damages for the same was levied against the Poonchola Plantations, under Section 14B of the Act 52 read with Section 17B of the Act. A total amount of Rs. 21,852/- was found due towards contribution and equal amount of Rs. 21,852/- was ordered as the damages for the said period. The contributions were found defaulted, with arrears due for the period from 5.1.1981 to 1989. Thereafter by Ext. P2 dated 22.12.2013 the petitioner was requested to ensure remittance of a sum of Rs. 57,799/- towards contribution for the period from 5/81 to 1/89, damages for the - period 12/83 to 5/88 and damages for the period from 6/88 to 3/90.