2025:KER:28486 WP(C) No.29257 of 2017 -1- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 29257 OF 2017 PETITIONER: ST.JOHNS RESIDENTIAL SCHOOL, KUNDRA, KARUVELIL, EZHUKONE, KOLLAM-691505, REPRESEBTED BY ITS DIRECTOR, JOHN DANIEL, S/O. LATE Y. DANIEL, ASTHAMUDI CHEKALAYIL VEEDU, KUNDARA, KOLLAM BY ADV.B.MOHANLAL RESPONDENTS: 1 THE EMPLOYEES PROVIDENT FUND ORGANIZATION, REPRESENTED BY THE REGIONAL PROVIDENT FUND COMMISSIONER, REGIONAL OFFICE 'BHAVISHYANIDHI BHAVAN', PATTOM PALACE P.O., THIRUVANANTHAPURAM-4. 2 THE ASSISTANT PROVIDENT FUND COMMISSIONER, THE EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, PONNAMMA CHAMBERS-1, OPP. ARCHANA ARADHANA THEATRE, KOLLAM-691001. 3 THE ENFORCEMENT OFFICER, EMPLOYEES PROVIDENT FUND,ORGANIZATION, SUB REGIONAL OFFICE, CHINNAKKADA, KOLLAM-691001. R1-R3 ADV.PIRAPPANCODE V.S.SUDHIR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28486 WP(C) No.29257 of 2017 -2- MOHAMMED NIAS C.P., J. ---------------------------------------------- W.P.(C) No.29257 of 2017 --------------------------------------------- Dated this the 3rd day of April, 2025 JUDGMENT The petitioner is a residential school run by a society registered under the Travancore Literary and Scientific Societies Act (for short, “the Act”), which is covered under the provisions of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, bearing Code No.KR-12455. 2. Though the petitioner initially disputed the coverage, by orders of the Tribunal, which were upheld by this Court in O.P.No.2024/1999, the issue of coverage has become final as the writ appeal filed against the same also was dismissed. The review petition filed against the judgment also was dismissed. 3. The petitioner, in this writ petition, challenges Ext.P2 order issued by the 2nd respondent dated 25.05.2017 passed under Section 7A of the Act, for the period from February, 1991 to October, 2025:KER:28486 WP(C) No.29257 of 2017 -3- 2016, quantifying an amount of Rs.67,20,700/- (Rupees sixty seven lakhs twenty thousand seven hundred only). 4. The petitioner essentially submits that the finalisation of the proceedings as per Ext.P2 was arbitrarily done without examining the details furnished by the petitioner. On admission of the writ petition, this Court passed an interim order on 31.08.2017, granting a stay on condition that the petitioner pays an amount of Rs.28,43,943/- (Rupees twenty eight lakhs forty three thousand nine hundred and forty three only) within a month. The petitioner contends that he had paid Rs.28,61,452/- (Rupees twenty eight lakhs sixty one thousand four hundred and fifty two only) before 30.09.2017 and had actually complied with the terms of the interim order. 5. This Court found that there is a shortage of Rs.21,000/- the interim order was vacated by order dated 17.03.2021. Later, the petitioner filed I.A.No.3/2025, again seeking a stay when a demand for the same period was raised again pending the writ petition. 2025:KER:28486 WP(C) No.29257 of 2017 -4- Thereafter, this Court passed an order on 07.03.2025, staying all further proceedings pursuant to Ext.P10 on the condition that the petitioner remits Rs.7.5 lakhs within ten days. It is submitted by both sides that the said amount has been paid and the order has been complied with. 6. Taking note of the fact that the petitioner has made substantial payments towards the liability fixed under Ext.P2 and that he has raised contentions regarding non-examination of the relevant documents before passing Ext.P2, I am inclined to dispose of the writ petition permitting the petitioner to avail the statutory remedy against Ext.P2 within a month from today. If the statutory remedy is availed within a month from today, the appeal shall be disposed of within four months from the date of receipt of the appeal from the petitioner. The time spent in prosecuting this writ petition from 31.08.2017 shall be excluded to compute the period of limitation. If an appeal is filed within the time granted by this Court, the same shall be considered on merits, and orders shall be passed in 2025:KER:28486 WP(C) No.29257 of 2017 -5- accordance with law. The recovery action by the respondents will stand stayed till the culmination of the appeal as directed above. Needless to say, the amounts remitted by the petitioner under the interim orders passed by this Court will be subject to the final orders to be passed in the appeal. Sd/- MOHAMMED NIAS C.P. JUDGE bpr 2025:KER:28486 WP(C) No.29257 of 2017 -6- APPENDIX OF WP(C) 29257/2017 PETITIONER'S EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE INSPECTION REPORT NO. KR/KLM/12455/EO (SQUAD0 2017 DATED 03/05/2017 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P2 THE TRUE COPY OF THE ORDER NO. KR/KLM/12455/ENF(4)/2017 DATED 25/05/2017 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT P3 THE TRUE COPY OF THE LETTER NO. COORD./4(6)2003/CLARIFICATION/VOL.III DATED 02/12/2011 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P4 THE TRUE COPY OF THE DETAILS SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. Exhibit P5 THE TRUE COPY OF THE REMITTANCE DETAILS WITH DATE AND THE AMOUNT BY THE PETITIONER FOR THE PERIOD FROM FEBRUARY 1991 TO NOVEMBER 2016 TO THE RESPONDENTS. Exhibit P6 THE TRUE COPY OF THE DEMAND NOTICE NO:KR/KLM/12455/RECOVERY CELL/2021 DATED 24.02.2021 ISSUED BY THE 2ND RESPONDENT. Exhibit P7 THE TRUE COPY OF THE CHELLAN DATED 7/09/2017 UPLOADED BY THE PETITIONER IN RESPECT OF THE WAGES FOR THE MONTH OF 6/2014 Exhibit P8 THE TRUE COPY OF THE CHELLAN DATED 8/09/2017 UPLOADED BY THE PETITIONER IN RESPECT OF THE WAGES FOR THE MONTH OF 8/2014 2025:KER:28486 WP(C) No.29257 of 2017 -7- Exhibit P9 THE TRUE COPY OF THE DEMAND NOTICE NO:KR/KLM/12455/RECOVERY CELL/2024 DATED 20/02/2025 ISSUED BY THE RECOVERY OFFICER ATTACHED TO THE OFFICE OF THE RESPONDENTS FOR RECOVERY OF RS.38,31,243 TOWARDS THE LIABILITY COVERED IN EXT.P6 Exhibit P10 THE TRUE COPY OF THE ORDER NO.KRKLM0012455000/RECOVERY CELL/2025 DATED 06/03/2025 ISSUED BY THE RECOVERY OFFICER ATTACHED TO THE OFFICE OF THE RESPONDENTS Exhibit P11 THE TRUE COPY OF THE NOTICE NO.MLA/EPF/2025 DATED 06/03/2025 ISSUED BY THE MANAGER, FEDERAL BANK, KUNDARA BRANCH RESPONDENTS' EXHIBITS EXHIBIT R2(A) TRUE COPY OF THE REPORT OF THE ENFORCEMENT OFFICER AND LIST OF 25 EMPLOYEES. EXHIBIT R2(B) TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT UNDER SECTION 7A OF THE ACT. EXHIBIT R2(C) TRUE COPY OF THE INSPECTION PROFORMA ALONG WITH FORM 12A & IR. EXHIBIT R2(D) TRUE COPY OF THE LETTER DATED 31.07.2017 OF THE PETITIONER ESTABLISHMENT. EXHIBIT R2(E) TRUE COPY OF STATEMENT CONTAINING THE DETAILS OF REMITTANCES MADE BY THE PETITIONER.