Centre For Water Resources vs The Assistant Provident Fund ...
2021 Latest Caselaw 8683 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                  THE HONOURABLE MR. JUSTICE A.M.BADAR

    TUESDAY, THE 16TH DAY OF MARCH 2021 / 25TH PHALGUNA, 1942

                        WP(C).No.6659 OF 2021(F)


PETITIONER/S:

                CENTRE FOR WATER RESOURCES
                DEVELOPMENT AND MANAGEMENT (CWRDM), KUNNAMANGALAM,
                KOZHIKODE DISTRICT,
                REPRESENTED BY ITS EXECUTIVE DIRECTOR,
                 PROF. (DR).K.P.SUDHEER.

                BY ADV. SRI.ANOOP P.V., SC, CWRDM

RESPONDENT/S:

      1         THE ASSISTANT PROVIDENT FUND COMMISSIONER
                KOZHIKODE, REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN,
                ERANHIPALAM P.O, KOZHIKODE, PIN - 673006.

      2         DR. ARUN P.R, AGED 45 YEARS
                SCIENTIST, S/O.P.K. RAJAPAN, PUTHUPARAMBIL,
                PARIYARAM P.O, KOTTAYAM DISTRICT, PIN - 686021.

      3         VIJAYA KUMAR P,AGED 55 YEARS
                ASSISTANT GRADE I, S/O. UNNI NAIR,
                VISMAYAM, THACHADIVAYAL, NEAR KANAKALAYA BANK,
                WEST HILL (P0), KOZHIKODE - 673005.

      4         SHABEER P.K, AGED 36 YEARS
                W/O. AHAMMED KUTTY HAJI, PUTHIYAVEETTIL HOUSE,
                IYYAD (P.O), UNNIKULAM (VIA), KOZHIKODE DISTRICT,
                PIN - 673574.

:

                SRI.SAJEEV KUMAR K. GOPAL - STANDING COUNSEL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.6659 OF 2021              2



                                 JUDGMENT

Dated this the 16th day of March 2021

Heard both sides.

2. The only contention raised by the learned counsel

appearing for the petitioner to challenge the impugned order is to

the effect that the Assistant Provident Fund Commissioner has

passed the order at Ext.P1 in the matter of interest under

Section 7Q Employees Provident Funds and Miscellaneous

Provisions Act, 1952 (hereinafter referred to as 'the EPF Act') as

well as the order at Ext.P2 in the matter of levying of damages

under Section 14B of the EPF Act on the one and the same day,

i.e, on 12.06.2018. There is no prohibition in law in issuing the

orders directing payment of interest under Section 7Q as well as

damages under Section 14B of the EPF Act on one and the same

day.

In this view of the matter, the petition is devoid of merits

and the same is dismissed.

Sd/-

                                                A.M.BADAR
ajt                                               JUDGE





                            APPENDIX
PETITIONER'S/S EXHIBITS:



EXHIBIT P1              TRUE COPY OF THE NOTICE DATED 12.06.2018

NOS. KR/KK/4938/ENF 2(1)/7Q/2018/1992 WITH CODE NUMBER.

EXHIBIT P2 TRUE COPY OF THE NOTICE NO. KR/KKD/4938/ENF 2(1)/2018/1991 DATES 12.06.2018.

EXHIBIT P3 TRUE COPY OF THE CIRCULAR NO.

2151/C1/2010/KSCSTE DATED 05.10.2010.

EXHIBIT P4 TRUE COPY OF THE ORDER NO. 20.10.2020 IN APPEAL NO. 193/2018.