M/S. A.P.R.M. Central School vs 1. The Assistant Provident Fund ...
2023 Latest Caselaw 2847 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
    THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA,
                           1944
                 WP(C) NO. 5710 OF 2023
PETITIONER:

          M/S. A.P.R.M. CENTRAL SCHOOL
          CHITHARA, KOLLAM, PIN 691559, REPRESENTED BY CHAIRMAN
          ABDUL SALAM. M., AGED 59 YEARS, S/O. MYTHEEN BAVA
          RAWTHER, APRM CENTRAL SCHOOL ,CHITHARA ,KOLLAM,
          PIN - 691559.

          BY ADV AJAYA KUMAR. G

RESPONDENTS:

    1     THE ASSISTANT PROVIDENT FUND COMMISSIONER,
          EMPLOYEES PROVIDENT FUND ORGANIZATION,
          SUB REGIONAL OFFICE, OLD MUNICIPAL OFFICE BUILDING,
          CHINNAKKADA, KOLLAM, PIN - 691001.

    2     THE RECOVERY OFFICER
          REGIONAL OFFICE, EMPLOYEES PROVIDENT FUND ORGANIZATION,
          OLD MUNICIPAL OFFICE BUILDING, CHINNAKKADA,
          KOLLAM, PIN - 691001.

    3     THE PRESIDING OFFICER
          THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL, 38/377 A-2,
          KARITHALA LANE KARSHAKA ROAD COCHIN, PIN - 682016.

          BY ADVS.
          PIRAPPANCODE V.S. SUDHEER
          AKASH S.(K/980/2008)
          GIRISH KUMAR M S(K/001593/2018)
          V.S.VARALEKSHMI(K/000910/2019)
          DEVIKA JAYARAJ(K/003117/2022)

          SRI.MANU S, DSGI


     THIS WRIT PETITION (CIVIL) HAVING COME UP         FOR
ADMISSION ON 01.03.2023, THE COURT ON THE SAME         DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 5710 OF 2023                  2




                                 JUDGMENT

The petitioner is M/s A.P.R.M. Central School, Chithara, an

establishment covered under the provisions of the Employees Provident

Funds and Miscellaneous Provisions Act, 1952, and the schemes framed

there under. A proceeding under Section 7A of the EPF Act 1952 was

initiated against the petitioner leading to the passing of Ext.P1 order.

The petitioner has been saddled with a liability of Rs.20,41,330/-.

2. Being aggrieved, the petitioner is stated to have preferred

an application for review under Section 7B, which stands dismissed by

Ext.P2 order. Challenging the same, the petitioner is stated to have

preferred Ext.P4 appeal before the 3rd respondent along with an

application for stay on 04.09.2022.

3. The grievance of the petitioner is that as the post of the

Presiding Officer is lying vacant, the appeal, as well as the application

for stay, has not been taken up for consideration. It is in the afore

circumstances that this writ petition is filed seeking the following reliefs;

i) To issue a writ of mandamus or order or direction directing the respondents 1 and 2 to keep in abeyance all the coercive steps against the petitioner institution for recovery of

amounts covered in Exhibit P1 order till the consideration and disposal of the stay petition in EPF Appeal 123/2022 pending before the 3rd respondent.

4. Heard, Sri. Ajayakumar, the learned counsel for the

petitioner as well as the learned counsel appearing for the respondents.

5. Sri. V.S. Sudheer, the learned counsel appearing for the

EPF submitted that the petitioner has admitted that certain amounts

are due.

6. I have considered submissions advanced.

7. I find that challenging the proceedings initiated by the

respondents, the petitioner has preferred a statutory appeal on

04.09.2022. I am of the view, until the stay petition is heard and

disposed of, coercive proceedings, if any, initiated against the petitioner

in pursuance to Ext.P3 can be deferred.

Resultantly, this writ petition is ordered and the following

directions are issued.

a) There will be a direction to the 3rd respondent to

expeditiously consider Ext.P4 appeal and the stay petition preferred by

the petitioner and pass orders, as expeditiously, as possible, in any

event, within four months from the date of receipt of a copy of this

judgment.

b) Until orders are passed on the stay petition preferred by the

petitioner, any coercive proceedings to recover the amount covered

under Ext.P1 order shall stand deferred.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE Dxy

APPENDIX OF WP(C) 5710/2023

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER ORDER NO:

KRLM/16202/ECOURT NO.74/2021/ENF1(4)/AREA 5/2021,DATED 31-01-2022 OF THE 1ST RESPONDENT.

Exhibit P2 TRUE COPY OF THE ORDER NO. KR/KLM/ 16202/ENF 1(4)/ AREA 5/2020-21 DATED 07-07-2022.

Exhibit P3 THE DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT DATED 07-04-2022 ISSUED TO THE PETITIONER.

Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF THE APPEAL MEMORANDUM ALONG WITH THE STAY PETITION IN EPF APPEAL 123/2022 PENDING BEFORE THE 3RD RESPONDENT.

RESPONDENTS EXHIBITS : NIL