Kerala High Court
Dayasankar M vs Assistant Provident Fund Commissioner ... on 12 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 1719 OF 2024
PETITIONER:
DAYASANKAR M., AGED 62 YEARS
PROPRIETOR, M/S EX-SERVICEMEN SECURITY AGENCY, MELEKOT
HOUSE, VIA FAROOOK COLLEGE P.O, THENIPALAM, MALAPURAM.,
PIN - 673636
BY ADVS.
P.PARVATHY
ELDHO.N.MONCY
RESPONDENTS:
1 ASSISTANT PROVIDENT FUND COMMISSIONER (COMPLIANCE)
EMPLOYEES PROVIDENT FUND ORGANISATION, REGIONAL OFFICE,
KOZHIKODE., PIN - 673006
2 ASSISTANT GENERAL MANAGER (ADMN.)
O/O GENERAL MANAGER TELECOM, MALAPURAM, PIN - 676505
BY ADVS.
ABRAHAM P.MEACHINKARA
Saji Varghese T. G
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 1719 OF 2024
2
JUDGMENT
Even though the petitioner impugns Ext.P4 original order of the first respondent, he, through his learned counsel Smt.P.Parvathy, concedes today that he preferred Ext.P5 appeal against it before the jurisdictional Appellate Tribunal. She thus confined her plea that the said Authority be directed to take up and dispose of the said appeal and further that the first respondent be ordered to grant her client the benefit of being able to pay off the amounts covered by Ext.P3 in a few instalments.
2. Dr.Abraham P.Meachinkara acceded to the afore request, saying that the maximum number of instalments can be only 10.
In the afore circumstances, I dispose of this writ petition with the following directions:
(a) The Employees Provident Fund Appellate Tribunal and CGIT - cum - Labour Court, Ernakulam will take up Ext.P5 appeal and dispose of the same, after affording necessary opportunities to both sides and following due procedure as expeditiously as possible.
(b) Until such time as the afore is done and the resultant order is received by the petitioner, all further action pursuant to WP(C) NO. 1719 OF 2024 3 Ext.P4 will stand deferred but can be taken forward by the first respondent in terms of such decision thereafter without having to obtain any other orders from this Court.
(c) The petitioner will be at liberty to pay off the amounts covered by Ext.P3 in ten equal monthly instalments commencing from 01.06.2024, in which event, the same shall stand fully honoured and all further proceedings pursuant thereto will stand terminated.
Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 1719 OF 2024 4 APPENDIX OF WP(C) 1719/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SUMMONS DATED 7.09.2023 NUMBERED NO: KR/KKD/0023686/000/ENF- 3(4)/DAMAGES Exhibit P2 TRUE COPY OF THE RESPONSE OF THE PETITIONER DATED 26.10.2023 Exhibit P3 TRUE COPY OF THE ORDER UNDER SECTION 7Q OF THE EPF & MP ACT DATED 13.11.2023 Exhibit P4 TRUE COPY OF THE ORDER DATED 13.11.2023 IN NO: KR/KKD/0023686/000/ENF-
3(4)/DAMAGES/2023 Exhibit P5 TRUE COPY OF THE PETITION AS APPEAL NO OF 2024 Exhibit P6 TRUE COPY OF THE RECEIPT DATED 22.02.2024