Kerala State Cashew Development ... vs Regional Pf Commissioner
2023 Latest Caselaw 8731 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945
                     WP(C) NO. 12933 OF 2021
PETITIONER:

            KERALA STATE CASHEW DEVELOPMENT CORPORATION
            P.B.NO.13, KOLLAM - 1,
            REPRESENTED BY ITS MANAGING DIRECTOR,
            DR. RAJESH RAMAKRISHNAN,
            CASHEW HOUSE, MUNDAKKAL, KOLLAM - 1.

            BY ADVS.
            VIPIN P.VARGHESE
            KEVIN MATHEW GEORGE


RESPONDENTS:

    1       REGIONAL PF COMMISSIONER
            EPFO, REGIONAL OFFICE,
            PONNAMMA CHAMBERS - I,
            PARAMESWAR NAGAR,
            KOLLAM DISTRICT - 691 001.
    2       RECOVERY OFFICER,
            EPFO, REGIONAL OFFICE,
            PONNAMMA CHAMBERS - I,
            PARAMESWAR NAGAR,
            KOLLAM DISTRICT - 691 001.

            BY ADVS.
            SRI. PIRAPPANCODE V.S.SUDHIR - SC
            SRI. K.K.SETHUKUMAR - CGC



     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   09.08.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C).No.12933 OF 2021

                                   2




                                JUDGMENT

The petitioner has filed this writ petition

challenging Ext.P2 proceedings passed by the 1st

respondent under Section 14B of the Employees'

Provident Funds and Miscellaneous Provisions Act,

1952 levying damages to the tune of Rs.57,15,497/-.

Against Ext.P2, the petitioner preferred an appeal

before the Central Government Industrial Tribunal-

cum-Labour Court, Ernakulam and the Tribunal

rejected the appeal by Ext.P3. Exts.P2 and P3 orders

are impugned in the writ petition.

2. When the writ petition came up for

consideration today, the learned counsel for the

petitioner sought for a direction to pay the amount

demanded in Ext.P2 in ten equal monthly

installments.

3. Heard the learned counsel for the petitioner WP(C).No.12933 OF 2021

and the learned Standing Counsel for the

respondents.

4. In the facts and circumstances of the case,

there will be a direction to the petitioner to pay the

amount levied as per Ext.P2 in ten equal monthly

installments commencing from 01.09.2023. In case

the petitioner defaults payment of any two

installments, the respondents will be free to proceed

against the petitioner in accordance with law. To

enable the petitioner to pay the amount covered by

Ext.P2 in installments, all recovery proceedings

pursuant to Exts.P2 and P3 shall be kept in abeyance.

The writ petition is disposed of with the above

direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

SPR WP(C).No.12933 OF 2021

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 TRUE COPY OF RECOVERY NOTICE DATED 25.01.2021 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P2 TRUE COPY OF ORDER DATED 28.05.2019 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P3 COMPUTER COPY OF ORDER DATED 04.01.2021 IN APPEAL NO.300/2019 BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM- LABOUR COURT, ERNAKULAM.

EXHIBIT P4 TRUE COPY OF THIS HON'BLE COURT'S JUDGMENT IN WPC 15194/2013, DATED 18.07.2016.

EXHIBIT P5 TRUE COPY OF THIS HON'BLE COURT'S INTERIM STAY ORDER IN WPC 10935/2017 DATED 29.03.2017.

EXHIBIT P6 TRUE COPY OF THE PETITIONER'S STATEMENT OF PROFIT AND LOSSES FOR THE FINANCIAL YEAR 2018-19 DATED 27.11.2020. EXHIBIT P7 TRUE COPY OF THIS HON'BLE COURT'S INTERIM STAY ORDER IN WPC 10971/2021 DATED 04.05.2021.

EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 11/04/2022.

EXHIBIT P9 TRUE COPY OF THE NOTICE ISSUED DATED 19/07/2023.

RESPONDENTS EXHIBITS: NIL.