Kerala High Court
Gandhi Smaraka Grama Kendram ... vs State Of Kerala on 24 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 20355 OF 2022
PETITIONER/S:
GANDHI SMARAKA GRAMA KENDRAM NANTHIATTUKUNNAM
N. PARUR P.O., ERNAKULAM 683 513 REPRESENTED BY ITS
SECRETARY, SIVAKUMAR T.B.
BY ADVS.
C.ANIL KUMAR
A.K.PREETHA
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY TO INDUSTRIES
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
2 KERALA KHADI & VILLAGE INDUSTRIES BOARD,
GRAMA SOUBHAGYA VANCHIYOOR,
THIRUVANANTHAPURAM 695 035
REPRESENTED BY ITS SECRETARY
3 REGIONAL PROVIDENT FUND COMMISSIONER- II
AND RECOVERY OFFICER,
BHAVISHYA NIDHI BHAVAN,KALOOR, KOCHI 673 017
R3 BY ADV SRI.SAJEEV KUMAR K. GOPAL, SC, EPFO
R2 BY ADV.RAJAGOPALAN NAIR,
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 20355 OF 2022 ..2..
JUDGMENT
The petitioner Society has approached this Court for a
direction to the 2nd respondent, the Kerala Khadi and Village
Industries Board to release the rebate arrears due to the
petitioner for the period from 2016-2017 to 31.03.2022. It is
submitted by the petitioner Society that the Employees
Provident Fund Oragnisation has issued proceedings under
Sections 7A, 14B and 7Q of the Employees Provident Funds
and Miscellaneous Provisions Act, 1952 and has initiated
coercive steps to recover an amount of Rs.32,36,592/- from
the petitioner. The petitioner submits that an amount of
Rs.49,76,746/- is due to the petitioner from the 2 nd
respondent towards arrears of rebate and if the said amount
is disbursed to the petitioner, the amounts due to the EPF
Organisation can be paid. The learned Counsel for the
petitioner also submits that they had given their consent in
attaching the amount due from the 2 nd respondent Board
WP(C) NO. 20355 OF 2022 ..3..
towards the provident fund liability. Though the petitioner
has filed Ext.P3 representation before the 2 nd respondent
inter alia requesting to release the rebate arrears to them,
the 2nd respondent has not responded to the request.
Accordingly, the petitioner prays for a direction to the 2 nd
respondent to release the rebate arrears due to them for
the period 2016-17 to 31.03.2022 forthwith.
2. Heard Sri.Anil Kumar, the learned Counsel for the
petitioner, Sri.Sajeev Kumar K.Gopal, learned Standing
Counsel for the 3rd respondent and Sri.N.Rajagopalan Nair,
the learned Standing Counsel for the 2nd respondent.
3. In the facts and circumstances of the case, there will
be a direction to the 2nd respondent to consider Ext.P3
representation and pass appropriate orders thereon, in
accordance with law, within a period of one month from the
date of receipt of a copy of this judgment. Once the rebate
arrears are released by the 2 nd respondent, the same shall
be adjusted/paid towards the dues of the 3 rd respondent and
WP(C) NO. 20355 OF 2022 ..4..
the balance amount, if any, shall be disbursed to the
petitioner. Till such time the 2nd respondent consider and
pass orders on Ext.P3, the 3rd respondent is directed to keep
in abeyance all coercive proceedings pursuant to Ext.P2.
The writ petition is disposed of with the above
directions.
Sd/-
MURALI PURUSHOTHAMAN,
JUDGE
SB/24/06/2022
WP(C) NO. 20355 OF 2022 ..5..
APPENDIX OF WP(C) 20355/2022
PETITIONER EXHIBITS
Exhibit P1 A STATEMENT PREPARED BY THE PETITIONER
SHOWING THE DETAILS OF THE REBATE ARREARS
DUE FROM 2016-2017 TO MARCH 2022
Exhibit P2 TRUE COPY OF THE NOTICE NO. KR/KCH/2643/
RECOVERY CELL/2022-23/3745 DATED
01/06/2022 ISSUED BY THE 3RD RESPONDENT
Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED
06/11/2021 SUBMITTED BY THE PETITIONER TO
THE 2ND RESPONDENT WITH ENGLISH
TRANSLATION
