WP(C) NO. 413 & 5678 OF 2018 1 2025:KER:27999 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 413 OF 2018 PETITIONER: NANDAKUMAR AGED 60 YEARS S/O. NANU, SB BHAVAN,BEACH ROAD, THAMARAKULAM, KOLLAM. BY ADVS. SRI.ARUN BABU SMT.S.NISHI RESPONDENTS: 1 THE ASSISTANT PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION, REGIONAL OFFICER, PONNAMMA CHAMBERS,KOLLAM - 01. 2 EMPLOYEES PROVIDENT FUND ORGANISATION KOLLAM, REPRESENTED BY THE REGIONAL PROVIDENT FUNDCOMMISSIONER, PONNAMMA CHAMBERS, KOLLAM - 01. 3 VIJAYA BANK REPRESENTED BY ITS MANAGER, BEACH ROAD, KOLLAM. BY ADV SRI.PIRAPPANCODE V.S.SUDHIR,SC,EPF ORGN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.04.2025, ALONG WITH W.P.(C) No. 5678 OF 2018 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 413 & 5678 OF 2018 2 2025:KER:27999 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 5678 OF 2018 PETITIONER: THE BRANCH MANAGER, VIJAYA BANK, P.B.NO.26, VADAYATTUKOTTA ROAD, CHAMAKKADA, KOLLAM-691001, REPRESENTED BY ITS SENIOR MANAGER LAW, MR.REJITH KUMAR V.R. BY ADV D.PREM KAMATH RESPONDENTS: 1 ASST. PROVIDENT FUND, EMPLOYEES PROVIDENT FUND ORGANIZATION, REGIONAL OFFICE, PONNAMMA CHAMBERS-1, PARAMESHWAR NAGAR, OPPOSITE ARCHANA-ARADHANA THEATRE, KOLLAM-691001. 2 EMPLOYEES PROVIDENT FUND ORGANIZATION, REGIONAL OFFICE, PONNAMMA CHAMBERS-1, PARAMESHWAR NAGAR, OPPOSITE ARCHANA-ARADHANA THEATRE,KOLLAM-691001 REP. BY REGIONAL PF COMMISSIONER. 3 MS.SASTHA ENTERPRISES, ONAMBALAM, EAST KALLADA, KOLLAM-691501. BY ADVS. SRI.PIRAPPANCODE V.S.SUDHIR,SC,EPF ORGN ARUN BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.04.2025, ALONG WITH W.P.(C) No. 413 OF 2018 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 413 & 5678 OF 2018 3 2025:KER:27999 MOHAMMED NIAS C.P., J. ========================= W.P.(C) Nos.413 & 5678 of 2018 ========================= Dated this the 2nd day of April, 2025 J U D G M E N T In W.P.(C) No.413 of 2018, the petitioner challenges Exts.P2 and P3 orders passed by the Employees Provident Fund Organization under Section 14 B of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 and Section 7Q of the  Act, respectively. The primary contention of the petitioner is that no notice was given to them before passing the impugned orders. 2. A counter affidavit has been filed on behalf of the respondent denying the averments and stating that the proceedings as regards Section 7Q were detailed in the summons dated 24.09.2014 itself and also the series of communications produced as Ext.R1 (b). 3. The petitioner contends that he was issued with Ext.P6 notice dated 11.09.2017 concerning another establishment of the petitioner and that no notice was issued before passing Exts.P2 and P3. WP(C) NO. 413 & 5678 OF 2018 4 2025:KER:27999 4. On admission of the writ petition, an interim order was passed on 25.01.2018, which is still in force. Given the contention that the petitioner was not given an opportunity before issuing Exts.P2 and P3 and no records indicate that it was given except the pleadings, I direct the respondents to hear the petitioner and pass fresh orders within six weeks from the date of receipt of a copy of the judgment. 5. The impugned orders are quashed to enable the above exercise. 6. W.P.(C) No. 5678 of 2018 is filed by the bank, the 3rd respondent in W.P.(C) No. 413 of 2018. The bank challenges the proceedings issued under Section 8F of the Employees Provident Fund and Miscellaneous Provisions Act, 1952, contending that they do not owe any amount to the 3rd respondent, who is the petitioner in the connected writ petition and, therefore, the proceeding under Section 8F of the Act, is not maintainable. I have already quashed the orders impugned in the connected writ petition filed by the 3rd respondent herein and directed a reconsideration by the respondents, as the question of maintainability of the 8F proceedings will have to be WP(C) NO. 413 & 5678 OF 2018 5 2025:KER:27999 considered by the respondents in the first instance. 7. Given the quashing of the impugned orders against the 3rd respondent herein in the connected writ petition, I deem it appropriate to direct the respondents to reconsider Ext.P3 objection preferred by the bank in answer to the notice under Section 8F and pass appropriate orders in accordance with law, after hearing the petitioner. It will be open to the petitioner to raise all arguments available to them under law which will be adverted to by the respondents while passing final orders as directed above. Orders shall be passed in this case also within six weeks from the date of receipt of a copy of the judgment. The writ petitions are disposed of as above. Sd/- MOHAMMED NIAS C.P., JUDGE LU WP(C) NO. 413 & 5678 OF 2018 6 2025:KER:27999 APPENDIX OF WP(C) 413/2018 PETITIONER EXHIBITS : EXHIBIT P1 THE TRUE COPY OF THE NOTICE DATED 31.07.2017 ALONG WITH REVISED STATEMENT ISSUED TO THE PETITIONER EXHIBIT P2 THE TRUE COPY OF THE ORDER DATED 20.09.2017 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER EXHIBIT P3 THE TRUE COPY OF THE ORDER DATED 20.09.2017 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER EXHIBIT P4 THE TRUE COPY OF THE ORDER OF ATTACHMENT DATED 15.12.2017 ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT FOR RECOVERY OF RS. 62,843/- EXHIBIT P5 THE TRUE COPY OF THE ORDER OF ATTACHMENT DATED 15.12.2017 ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT FOR RECOVERY OF RS. 81,682/- EXHIBIT P6 THE TRUE COPY OF THE NOTICE DATED 11.09.2017 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER RESPONDENT EXHIBITS : EXHIBIT R1 (A) TRUE COPY OF THE NOTICE DATED 24.09.2014 EXHIBIT R1 (B) TRUE COPY OF THE ACKNOWLEDGMENT CARD EXHIBIT R1 (C) TRUE COPY OF THE LETTERS DATED 10.08.2017 AND 23.08.2017 EXHIBIT R1 (D) TRUE COPY OF THE DAILY ORDER SHEET EXHIBIT R1 (E) TRUE COPY OF THE JUDGMENT DATED 29.10.2014 OF THIS HON’BLE COURT IN WPC 234/2012 WP(C) NO. 413 & 5678 OF 2018 7 2025:KER:27999 APPENDIX OF WP(C) 5678/2018 PETITIONER EXHIBITS : EXHIBIT P1 TRUE COPY OF THE ORDER OF ATTACHMENT DATED 15.12.2017 FOR RS.81,682/-. EXHIBIT P1(A) TRUE COPY OF THE ORDER OF ATTACHMENT DATED 15.12.2017 FOR RS.5,228/- BY COMMUNICATION NO. KR/KLM/1338-A/PD/2017-18. EXHIBIT P1(B) TRUE COPY OF THE ORDER OF ATTACHMENT DATED 15.12.2017 FOR RS.5,531/- BY COMMUNICATION NO.KR/KLM/1150-/PD/2017-18. EXHIBIT P1(C) TRUE COPY OF THE ORDER OF ATTACHMENT DATED 15.12.2017 FOR RS.62,843/- BY COMMUNICATION NO.KR/KLM/1150-/PD/2017-18. EXHIBIT P1(D) TRUE COPY OF THE ORDER OF ATTACHMENT DATED 15.12.2017 FOR RS.16,610/- BY COMMUNICATION NO.KR/KLM/1230-A/PD/2017-18. EXHIBIT P1(E) TRUE COPY OF THE ORDER OF ATTACHMENT DATED 15.12.2017 FOR RS.13,248/- BY COMMUNICATION NO.KR/KLM/1338-A/PD/2017-18. EXHIBIT P2 TRUE COPY OF SHOW CAUSE NOTICE DATED 25.01.2018 FROM 1ST RESPONDENT IN RESPECT OF RS.81,682/-. EXHIBIT P2(A) TRUE COPY OF SHOW CAUSE NOTICE DATED 25.01.2018 FROM 1ST RESPONDENT IN RESPECT OF RS.5,228/-. EXHIBIT P2(B) TRUE COPY OF SHOW CAUSE NOTICE DATED 25.01.2018 FROM 1ST RESPONDENT IN RESPECT OF RS.5,531/-. EXHIBIT P2(C) TRUE COPY OF SHOW CAUSE NOTICE DATED 25.01.2018 FROM 1ST RESPONDENT IN RESPECT OF RS.62,843/-. EXHIBIT P2(D) TRUE COPY OF SHOW CAUSE NOTICE DATED 25.01.2018 FROM 1ST RESPONDENT IN RESPECT OF RS.16,610/-. WP(C) NO. 413 & 5678 OF 2018 8 2025:KER:27999 EXHIBIT P2(E) TRUE COPY OF SHOW CAUSE NOTICE DATED 25.01.2018 FROM 1ST RESPONDENT IN RESPECT OF RS.13,248/-. EXHIBIT P3 TRUE COPY OF LETTER DATED 02.02.2018 FROM PETITIONER. EXHIBIT P4 TRUE COPY OF COMMUNICATION DATED 06.02.2018 FROM 1ST RESPONDENT. EXHIBIT P5 TRUE COPY OF THE MEMORANDUM DATED 25.04.1994 ISSUED BY MR. N. NANDAKUMAR RESPONDENT EXHIBITS : EXHIBIT R1 (A) TRUE COPY OF THE LETTER NO.OR/SASTHA/EPF/2018-1 DATED 28.01.2018, OF THE PETITIONER EXHIBIT R1 (B) TRUE COPY OF THE EXTRACT OF SECTION 8F OF THE EMPLOYEES PROVIDENT FUND AND MISCELLANEOUS PROVISIONS ACT // True Copy // PA To Judge