Kerala High Court
M/S. Wood Tech Industries vs Assistant Provident Fund ... on 31 August, 2022
WP(C) No.28114/2022 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
Wednesday, the 31st day of August 2022 / 9th Bhadra, 1944
WP(C) NO. 28114 OF 2022(L)
PETITIONER:
M/S. WOOD TECH INDUSTRIES,PONOOR, VALAYANCHIRANGARA P.O,
PERUMBAVOOR- 683556 REPRESENTED BY ITS PROPRIETOR- SRI BASHEER C.A.
AGED 54YEARS, S/O ANIKUTTY, RESIDING AT, CHIRAKKAKUDY HOUSE, ALLAPRA
P.O PERUMBAVOOR 683 556.
RESPONDENTS:
1. ASSISTANT PROVIDENT FUND COMMISSIONER, REGIONAL OFFICE,
BHAVISHYANIDHI BHAWAN, KALOOR, KOCHI - 682017.
2. ASSESSING OFFICER EMPLOYEES PROVIDENT FUND ORGANISATION, REGIONAL
OFFICE, BHAVISHYANIDHI BHAWAN, KALOOR, KOCHI - 682017.
3. REGIONAL PROVIDENT FUND COMMISSIONER, GOVT. OF INDIA, MEGHALA
KARYALAM, BAVISHYANITHI BHAVAN, KALOOR, KOCHI- 682 017.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay the operation of Ext.P7, Ext.P8 and P8(a) and P11 orders
passed by the 1st respondent, pending disposal of the above Writ
Petition(C).
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S. MILLU DANDAPANI & SIRAJ ABDUL SALAM, Advocates for the petitioner and
of SRI. V.JOHN MANI, STANDING COUNSEL for the respondents, the court
passed the following:-
P.T.O.
WP(C) No.28114/2022 2/4
AMIT RAWAL, J.
=================
W.P.(C) No.28114 of 2022
=====================
Dated this the 31st day of August, 2022
ORDER
Inter alia alleges that the predicament of the petitioner
reflects that in as much as that against the orders passed
under Section 7A and 7B of the EPF Act the petitioner had
inadvertently approached this Court vide W.P.(C) No.28453 of
2021. This Court vide judgment dated 13.12.2021 dismissed
the writ petition by observing that it is an appealable order
but given 30 days time and till such time, the coercive
proceedings were ordered to be kept in abeyance for a period
of 30 days.
2. Learned counsel for the petitioner submits that
appeal was preferred by registered post, which was
dispatched on 6.2.2022 but the same has been returned back
on the ground that there is no sitting of the appellate
tribunal.
3. The Supreme Court vide order dated 10.1.2022
had already extended the previous limitation and therefore it
could not be said to be beyond limitation. But in the
meantime, the respondents have issued a registered notice of
WP(C) No.28114/2022 3/4
demand dated 4.8.2022 for payment of the amount failing
which the proceedings under Section 8B and 8G of the EPF
and MP Act, 1952 would be initiated. It is further contended
that the petitioner is remediless and therefore has
approached this Court invoking the extra ordinary writ
jurisdiction of this Court.
4. Issue notice before admission. Learned standing
counsel accepts notice for respondent Nos.1 to 3. He does
not deny the fact there is no presiding officer of the Tribunal.
In this view of the matter, I deem it appropriate to defer the
proceedings to be initiated under Section 8B and 8G as
reflected in the notice dated 4.8.2022 for a period of 2
months.
Post on 20.10.2022. In the meantime the petitioner
shall make an effort to get the appeal listed as and when
there is a sitting of the Industrial Tribunal. This fact shall be
brought to the notice of the court on the next date of hearing.
Sd/-
sab AMIT RAWAL, JUDGE
sa/131219sassssabs10.
31-08-2022 /True Copy/ Assistant Registrar
WP(C) No.28114/2022 4/4
APPENDIX OF WP(C) 28114/2022
Exhibit P7 THE TRUE COPY OF THE ORDER DATED 8.10.2021 ISSUED BY
THE 1ST RESPONDENT
Exhibit P8 TRUE COPY OF THE DEMAND NOTICE NO.
KR/KCH/29414/RECOVERY CELL/2021-22 DATED 22-10-2021
Exhibit P8 A TRUE COPY OF COVERING LETTER NO.
KR/KCH/29414/RECOVERY/2021-22 DATED NIL
Exhibit P11 A TRUE COPY OF THE DEMAND NOTICE NO.
KR/KCH/29414/RECOVERY/2022-23 ISSUED BY THE REGIONAL
PROVIDENT FUND COMMISSIONER DATED 04.08.2022
