Kerala High Court
M/S. Sunil Steels & M.O. Poonnen vs The Assistant Provident Fund ... on 7 October, 2022
WP(C) NO. 31399 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
WP(C) NO. 31399 OF 2022
PETITIONER/S:
M/S. SUNIL STEELS & M.O. POONNEN,
MELAMPARAMBIL, PODIYADI,
THIRUVALLA- 689 110, REP. BY ITS MANAGING PARTNER, SUNIL
GEORGE OOMMEN.
BY ADVS.
M.GOPIKRISHNAN NAMBIAR
K.JOHN MATHAI
JOSON MANAVALAN
KURYAN THOMAS
PAULOSE C. ABRAHAM
RAJA KANNAN
RESPONDENT/S:
1 THE ASSISTANT PROVIDENT FUND COMMISSIONER,
EMPLOYEES PROVIDENT FUND ORGANISATION, REGIONAL OFFICE,
BHAVISHYANIDHI BHAVAN, . PATTOM, THIRUVANANTHAPURAM-695
004.
2 THE EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL
AND CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR
COURT, 8TH FLOOR, KERALA STATE HOUSING BOARD BUILDING,
PANAMPILLY NAGAR, ERNAKULAM- COCHIN -682 016.
MR.RAJASIMHAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 31399 OF 2022 2
P.V.KUNHIKRISHNAN, J
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W.P.(C) No.31399 of 2022
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Dated this the 7th day of October, 2022
JUDGMENT
The above writ petition is filed with following prayers :
"(i) To issue a writ of certiorari quashing Ext.P3 order levying
damages under Section 14-B of the Employees Provident Funds
and Miscellaneous Provisions Act, 1952 and threatened revenue
recovery proceedings of the 1st respondent.
(ii) To issue any other appropriate writ order or direction
directing the 1st respondent not to proceed with the recovery of
amount from the petitioner pursuant to Ext.P3 order during the
pendency of the Ext.P4 appeal and Ext.P5 stay petition before
the 2nd respondent
(iii) To grant such other and further reliefs as this Hon'ble
Court may deem fit and proper in the facts and circumstances
of the case.
(iv) To allow the writ petition with costs." [SIC]
2. The petitioner suffered Ext.P3 order against which the
petitioner filed Ext.P4 appeal and Ext.P5 stay petition. There is
no presiding officer in the Employees Provident Fund Appellate
Tribunal and the Central Government Industrial Tribunal cum
Labour Court, Kochi. Meanwhile, there is recovery proceedings
and hence, this writ petition is filed.
3. Heard the learned counsel for the petitioner and the
learned Standing Counsel appearing for the 1 st respondent. No
notice is necessary to the 2nd respondent.
4. After hearing both sides, I think this writ petition
itself can be disposed of directing the Tribunal to dispose the
stay petition as expeditiously as possible and till then, the
recovery proceedings based on Ext.P3 can be deferred.
Therefore, this writ petition is disposed of with the
following directions :
1) There will be a direction to the 2 nd respondent to
consider and pass appropriate orders in Ext.P5 stay
petition as expeditiously as possible.
2) Till final orders are passed in Ext.P5 stay petition the
recovery proceedings based on Ext.P3 shall be
deferred.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 31399/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SHOW CAUSE NOTICE DATED
05.11.2021 ISSUED BY THE 1ST RESPONDENT
UNDER SECTION 14-B AND 7Q OF THE ACT.
Exhibit P2 TRUE COPY OF THE STATEMENT FILED ON BEHALF
OF THE PETITIONER DATED 31.12.2021.
Exhibit P3 TRUE COPY OF THE ORDER DATED 12.08.2022
PASSED BY THE 1ST RESPONDENT LEVYING
DAMAGES UNDER SECTION 14 B AND OF THE ACT.
Exhibit P4 TRUE COPY OF THE MEMORANDUM OF APPEAL FILED
BY THE PETITIONER BEFORE THE 2ND RESPONDENT
DATED 30.08.2022 WITHOUT ITS ANNEXURES
NUMBERED AS APPEAL NO. 119/2022.
Exhibit P5 TRUE COPY OF THE STAY PETITION FILED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT DATED
30.08.2022.
