Nadathara Farmer'S Co-Operative ... vs The Employees Provident Fund ...
2022 Latest Caselaw 2148 Ker

WP(C) No.6297/2022                               1/2




                         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                         PRESENT
                          THE HONOURABLE MR. JUSTICE AMIT RAWAL
           Thursday, the 24th day of February 2022 / 5th Phalguna, 1943
                             WP(C) NO. 6297 OF 2022(J)
   PETITIONER:

          NADATHARA FARMERS CO-OPERATIVE BANK LTD.NO.3499, H.O. POOCHATTY,
          NADATHARA P.O.,THRISSUR 680 751, REPRESENTED BY ITS MANAGING
          DIRECTOR.

   RESPONDENTS:

      1. THE EMPLOYEES PROVIDENT FUND ORGANIZATION, HEAD OFFICE, BHAVISHYA
         NIDHI BHAVAN, 14, BHIKAIJI CAMA PLACE, NEW DELHI 110 066,
         REPRESENTED BY ITS COMMISSIONER.
      2. THE ASSISTANT PROVIDENT FUND COMMISSIONER, KOCHI, KERALA , EMPLOYEES
         PROVIDENT FUND ORGANISATION, SUB REGIONAL OFFICE, 36/685 A,
         BHAVISHYA NIDHI BHAVAN, P.B. NO. 1985, 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 issue an interim order of stay of Ext. P4 and Ext.P8 orders,
   pending disposal of the above writ petition(civil).
        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
   SRI. M.SASINDRAN, Advocate for the petitioner and of SRI. THOMAS MATHEW
   NELLIMOOTTIL, STANDING COUNSEL for the respondents, the court passed the
   following:-
                                      ORDER

Inter alia relies upon the judgment in WP(C) No. 27900 of 2011 dated 18-01-2013 on the premise that the petitioner is exempted under section 16(i)(a) of the EPF and MP act. Therefore the proceedings initiated under Section 7A for non deposit of the contribution and dismissal of the appeal preferred against the same are not sustainable in the eyes of law. Issue notice before admission. Standing Counsel takes notice for the respondents.

In the meantime, there shall be an interim stay qua implementation of demand notice, if any, till the next date of hearing.

Post on 25-03-2022.

                                                       Sd/- AMIT RAWAL JUDGE

24-02-2022                         /True Copy/                            Assistant Registrar
 WP(C) No.6297/2022                 2/2

                      APPENDIX OF WP(C) 6297/2022
Exhibit P4           A TRUE COPY OF THE ORDER NO.

KR/KC/27944/ENF.II(2)/2012/11803 DATED 9.11.12. Exhibit P8 A TRUE COPY OF THE ORDER IN APPEAL NO. 660/2019 DATED 07.09.2021 PASSED BY THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, ERNAKULAM.