Thoufeeque Publications (Siraj ... vs Employees Provident Fund ...
2022 Latest Caselaw 10132 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE AMIT RAWAL
    THURSDAY, THE 15TH DAY OF SEPTEMBER 2022 / 24TH BHADRA, 1944
                        WP(C) NO. 29058 OF 2020
PETITIONER/S:

           THOUFEEQUE PUBLICATIONS (SIRAJ DAILY)
           REP. BY ITS GENERAL MANAGER, EAST NADAKKAVU,
           KOZHIKODE - 673 006.

           BY ADVS.
           SRINATH GIRISH
           SRI.P.JERIL BABU
           SHRI.HALVI K.S.



RESPONDENT/S:

     1     EMPLOYEES PROVIDENT FUND ORGANISATION
           BHAVISHYA NIDHI BHAWAN, 14, BHIKAIJI CAMA PLACE,
           NEW DELHI - 110 066.

     2     THE ASSISTANT PROVIDENT FUND COMMISSIONER
           EPFO SUB REGIONAL OFFICE, ERANJIPALAM, KOZHIKODE -
           673006.

           BY ADV ABRAHAM P.MEACHINKARA




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 29058 OF 2020
                                  2

                             JUDGMENT

The present writ petition has been filed against the order

Ext.P3 dated 30.7.2013 levying damages under Section 14B of the

Act and Ext.P8 appellate order dated 27.2.2020.

2. Counsel for the petitioner confines his prayer to pay the

amount of damages assessed under Section 14B and 7Q of the EPF

Act only in installments. In an appeal preferred against the

damages, amount of damages have been reduced to the extent of

70%.

3. The petitioner is directed to pay the amount in 12 equal

monthly installments commencing from 3.10.2022. In case of two

successive defaults, the respondent shall be at liberty to recover the

amount, in accordance with law.

With the aforementioned observation, the writ petition stands

disposed of.

Sd/-

sab                                               AMIT RAWAL

                                                   JUDGE
 WP(C) NO. 29058 OF 2020


                      APPENDIX OF WP(C) 29058/2020

PETITIONER EXHIBITS

EXHIBIT P1            A TRUE COPY OF THE ORDER DATED 25/09/2012 UNDER
                      SECTION 14B OF HE EPF AND MP ACT.

EXHIBIT P2            A TRUE COPY OF THE ORDER DATED 25/04/2012 UNDER
                      SECTION 7Q OF THE EPF AND MP ACT.

EXHIBIT P3            A TRUE COPY OF THE ORDER DATED 30/07/2013 UNDER
                      SECTION 14B OF THE EPF AND MP ACT.

EXHIBIT P4            A TRUE COPY OF THE CHALLAN, GENERATED ON 01/01/2014

FOR THE PAYMENT OF RS.2,78,764/- TOWARD THE INTEREST UNDER SECTION 7Q OF THE EPF AND MP ACT.

EXHIBIT P5 A TRUE COPY OF THE ORDER DATED 04/07/2013 OF THE EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, NEW DELHI.

EXHIBIT P6 A TRUE COPY OF THE ORDER DATED 08/10/2013 OF THE EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, NEW DELHI.

EXHIBIT P7 A TRUE COPY OF THE DD DATED 23/10/2013 ALONG WITH THE COPY OF THE ELECTRONIC CHALLAH (REMITTANCE CONFORMATION SLIP) DATED 04/11/2013, SHOWING PAYMENT OF RS.100000/- AS PER THE DIRECTION OF APPELLATE TRIBUNAL.

EXHIBIT P8 A TRUE COPY OF THE COMMON ORDER ISSUED BY THE INDUSTRIAL TRIBUNAL CUM LABOUR COURT ERNAKULAM IN APPEAL NO.666/2019 AND APPEAL NO.615/2019 DATED 27/02/2020 (RECEIVED BY THE PETITIONER ON 24/09/20201) ALONG WITH THE POSTAL COVER.

EXHIBIT P9 A TRUE COPY OF THE AUDITED BALANCE SHEET OF M/S.THUFEEQUE PUBLICATIONS FOR THE FINANCIAL YEAR 2010-2011 AND 2011-2012.

EXHIBIT P10 A TRUE COPY OF THE NOTICE OF R2 DATED 03/11/2020.