Kerala High Court
Kerala State Horticultural ... vs Regional Provident Fund ... on 6 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
WP(C) NO. 41849 OF 2022
PETITIONER/S:
KERALA STATE HORTICULTURAL PRODUCTS DEVELOPMENT
CORPORATION LIMITED
UDAYAGIRI, POOJAPPURA P.O., THIRUVANANTHAPURAM -
695012 - REP BY ITS MANAGING DIRECTOR, PIN -
695012
BY ADV RAHUL SURENDRAN
RESPONDENT/S:
REGIONAL PROVIDENT FUND COMMISSIONER,
THIRUVANANTHAPURAM
EMPLOYEES PROVIDENT FUND ORGANISATION, REGIONAL
OFFICE, BHAVISHYANIDHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM - 695 004, PIN - 695004
OTHER PRESENT:
SRI.A RAJASIMHAN SC,EPF
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.01.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-2-
W.P.(C). No. 41849 of 2022
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No.41849 of 2022
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Dated this the 6th day of January, 2023
JUDGMENT
The above writ petition is filed with following prayers:
"a. Issue a writ in the nature of certiorari or any other
appropriate writ, direction or order, setting aside Exhibit
P4 order, issued by the 2nd respondent demanding
remittance of amounts as penal damages under Section
14B of the Act; or in the alternative
b. Issue a writ in the nature of mandamus or any other
appropriate writ, direction or order directing the 1 st
respondent authorities not to initiate any further action
pursuant to Exhibit P4 order, till such time as Exhibit P5
is taken up for consideration by the Central Government
Industrial Tribunal Cum Labour Court, Ernakulam.
c. Pass such any other direction, order or reliefs, as this
Hon'ble Court may deem fit in the interest of justice,
equity and good conscience." (sic)
2. The petitioner is aggrieved by Ext.P4 order passed by
the respondent under Section 14B of the Employees' Provident
Fund and Misc.Provisions Act, 1952. Aggrieved by Ext.P4, the
W.P.(C). No. 41849 of 2022
petitioner filed Ext.P5 appeal before the Central Government
Industrial Tribunal cum Employees' Provident Fund Appellate
Tribunal, Ernakulam. The appeal is pending. It is the case of the
petitioner that there is no Presiding Officer in the Tribunal and
the respondent is taking recovery proceedings because there is no
interim order passed by the Tribunal.
3. Heard the counsel for the petitioner and the Standing
Counsel appearing for the respondent.
4. Admittedly, the petitioner filed Ext.P5 appeal before
the Tribunal. It is also an admitted fact that there is no Presiding
Officer in the Tribunal. If that be so, till the stay petition filed
along with the appeal is considered, there can be a stay of
recovery based on Ext.P4.
Therefore, this writ petition is disposed of in the following
manner:
W.P.(C). No. 41849 of 2022
1.The Central Government Industrial Tribunal cum
Employees' Provident Fund Appellate Tribunal,
Ernakulam is directed to consider and pass appropriate
orders in the stay petition, as expeditiously as possible.
2. Till final orders are passed in the stay petition, the
recovery based on Ext.P4 is deferred.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
W.P.(C). No. 41849 of 2022
APPENDIX OF WP(C) 41849/2022
PETITIONER EXHIBITS
Exhibit P1 COPY OF NOTICE NO.
KR/TVM/0012713/000/ENF
502/DAMAGES/1446, DATED 06.05.2022
ISSUED BY THE RESPONDENT
Exhibit P2 COPY OF LETTER NO.
4374/HPDC/ACC/EPF/883, DATED.
05.07.2022 PREFERRED BY THE PETITIONER
ALONG WITH THE ENCLOSURES
Exhibit P3 COPY OF THE ENDORSEMENT OF RECEIPT OF
THE EXHIBIT P2, AS RECEIVED IN THE
TAPAL BOOK OF THE PETITIONER
Exhibit P4 COPY OF THE SAID ORDER NO.
KR/TVM/12713/DAMAGESCELL/2022-23/5535,
DATED 14.10.2022 ISSUED BY THE
RESPONDENT
Exhibit P5 COPY OF APPEAL NO. 171 OF 2022
PREFERRED BY THE PETITIONER BEFORE THE
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL,
ERNAKULAM
