The Metal Industries Ltd vs The Assistant Provident Fund ...
2022 Latest Caselaw 10705 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
      FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
                         WP(C) NO. 33480 OF 2022
PETITIONER:

              M/S.THE METAL INDUSTRIES LTD.
              METIND NAGAR, SHORANUR, PALAKKAD-679 122,
              REPRESENTED BY ITS MANAGING DIRECTOR.

              BY ADV SAJI VARGHESE T.G


RESPONDENT:

              THE ASSISTANT PROVIDENT FUND COMMISSIONER
              EMPLOYEES PROVIDENT FUND ORGANIZATION,
              EPFO DISTRICT OFFICE, PALAKKAD ,PIN-678 007



              DR.ABRAHAM.P.MEACHINKARA, SC(EPF)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 33480 OF 2022
                                            2


                                     JUDGMENT

This writ petition is filed with the following prayers:

i) Call for the record leading to Exhibit P3 order and set aside/quash Exhibit P3 imposing damages on the petitioner.

ii) In the alternative direct the respondent to keep in abeyance all coercive proceedings till the CGIT resumes functioning and the Exhibit P4 appeal filed by the petitioner is listed for admission before the CGIT. Iii) Pass such other orders as it may deem fit and proper in the facts and circumstances of the case.

2. Aggrieved by Ext.P3, the petitioner filed Ex.P4 appeal.

The grievance of the petitioner is that there was no Presiding

Officer at the Central Government Industrial Tribunal Cum Labour

Court at Ernakulam and Ext.P4 appeal is not considered. In the

meanwhile, recovery proceedings are initiated. Hence, this writ

petition.

3. Head learned counsel for the petitioner and the learned

Standing Counsel appearing for the respondent.

4. The learned counsel for the petitioner submitted that

since the appeal is not taken up for admission, the recovery WP(C) NO. 33480 OF 2022

proceedings is initiated by the respondent. I think there can be a

direction to defer the recovery proceedings till Ext.P4 appeal is

taken up for consideration by the Tribunal.

Therefore this writ petition is disposed of with the following

directions:

1. There will be a direction to the Central Government

Industrial Tribunal Cum Labour Court at Ernakulam to

consider the stay petition filed along with Ext.P4 appeal as

expeditiously as possible.

2. Till final orders are passed in the stay petition the

recovery proceedings based on Ext.P3 is deferred.

Sd/-

P.V.KUNHIKRISHNAN JUDGE nak WP(C) NO. 33480 OF 2022

APPENDIX OF WP(C) 33480/2022

PETITIONER EXHIBITS

Exhibit P1 COPY OF THE SUMMONS NO.KR/KKD/0000208/000/ENF.504 /DAMAGES/ DATED 24.6.2022 ISSUED BY THE RESPONDENT TO THE PETITIONER

Exhibit P2 TRUE COPY OF THE REPLY LETTER NO.

MIL/P/EPF7Q/22-23/399 DATED 12.7.2022 GIVEN BY THE PETITIONER TO THE RESPONDENT

Exhibit P3 TRUE COPY OF THE ORDER BEARING NO KR/DO PKD/208/DAMAGES/2022/760 PASSED BY THE RESPONDENT

Exhibit P4 TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE CGIT