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2022 Supreme(Online)(KER) 64449

HIGH COURT OF KERALA
AMIT RAWAL, J
KERALA MALANADU KARSHAKA PRODUCE CO-OPERATIVE MARKETING SOCIETY LTD.NO.F 1777 – Appellant
Versus
THE REGIONAL PROVIDENT FUND COMMISSIONER – Respondent


Advocates:
P.RAMAKRISHNAN, SMT.PREETHI RAMAKRISHNAN, SRI.T.C.KRISHNA, SRI.C.ANIL KUMAR, SMT.ASHA K.SHENOY, SRI.PRATAP ABRAHAM VARGHESE, DR.ABRAHAM P.MEACHINKARA

JUDGMENT

Petitioner is a Co-operative Society registered under the Co-

operative Societies Act, engaged in the business of purchase, processing and sale of agricultural produces. The Society has staff strength of eight employees.

2. With effect from 01.12.2019, the Regional Provident Fund Commissioner, Kozhikode, brought the Society under the purview of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (hereinafter called 'the Act'). The aforementioned order was objected to vide objection dated 31.01.2000 on the ground that the Co-operative Society had been employing less than 50 persons and working without the aid of the power. Hearing was conducted by the first respondent in the objection. In the meanwhile State introduced Kerala Co-operative Societies Employees Self Financial Pension Scheme, 1994. Since no order was passed by the respondents, Writ Petition bearing No.23744 of 2000 challenging Ext.P1 was preferred by the petitioner. Vide judgment dated 01.03.2006, Provident Fund Department was directed to pass a speaking order. Respondent No.2 initiated the proceedings seeking provident fund contribution, pension fund contribution, insurance fund contribution etc.

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