Dayasankar M vs Assistant Provident Fund Commissioner ...
2024 Latest Caselaw 10876 Ker

Kerala High Court

Dayasankar M vs Assistant Provident Fund Commissioner ... on 12 April, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
                        WP(C) NO. 1719 OF 2024
PETITIONER:

          DAYASANKAR M., AGED 62 YEARS
          PROPRIETOR, M/S EX-SERVICEMEN SECURITY AGENCY, MELEKOT
          HOUSE, VIA FAROOOK COLLEGE P.O, THENIPALAM, MALAPURAM.,
          PIN - 673636

          BY ADVS.
          P.PARVATHY
          ELDHO.N.MONCY



RESPONDENTS:

    1     ASSISTANT PROVIDENT FUND COMMISSIONER (COMPLIANCE)
          EMPLOYEES PROVIDENT FUND ORGANISATION, REGIONAL OFFICE,
          KOZHIKODE., PIN - 673006

    2     ASSISTANT GENERAL MANAGER (ADMN.)
          O/O GENERAL MANAGER TELECOM, MALAPURAM, PIN - 676505

          BY ADVS.
          ABRAHAM P.MEACHINKARA
          Saji Varghese T. G


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 1719 OF 2024
                                  2


                              JUDGMENT

Even though the petitioner impugns Ext.P4 original order

of the first respondent, he, through his learned counsel

Smt.P.Parvathy, concedes today that he preferred Ext.P5 appeal

against it before the jurisdictional Appellate Tribunal. She thus

confined her plea that the said Authority be directed to take up

and dispose of the said appeal and further that the first

respondent be ordered to grant her client the benefit of being

able to pay off the amounts covered by Ext.P3 in a few

instalments.

2. Dr.Abraham P.Meachinkara acceded to the afore

request, saying that the maximum number of instalments can be

only 10.

In the afore circumstances, I dispose of this writ petition

with the following directions:

(a) The Employees Provident Fund Appellate Tribunal and

CGIT - cum - Labour Court, Ernakulam will take up Ext.P5

appeal and dispose of the same, after affording necessary

opportunities to both sides and following due procedure as

expeditiously as possible.

(b) Until such time as the afore is done and the resultant

order is received by the petitioner, all further action pursuant to WP(C) NO. 1719 OF 2024

Ext.P4 will stand deferred but can be taken forward by the first

respondent in terms of such decision thereafter without having

to obtain any other orders from this Court.

(c) The petitioner will be at liberty to pay off the amounts

covered by Ext.P3 in ten equal monthly instalments commencing

from 01.06.2024, in which event, the same shall stand fully

honoured and all further proceedings pursuant thereto will

stand terminated.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 1719 OF 2024

APPENDIX OF WP(C) 1719/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SUMMONS DATED 7.09.2023 NUMBERED NO: KR/KKD/0023686/000/ENF- 3(4)/DAMAGES

Exhibit P2 TRUE COPY OF THE RESPONSE OF THE PETITIONER DATED 26.10.2023

Exhibit P3 TRUE COPY OF THE ORDER UNDER SECTION 7Q OF THE EPF & MP ACT DATED 13.11.2023

Exhibit P4 TRUE COPY OF THE ORDER DATED 13.11.2023 IN NO: KR/KKD/0023686/000/ENF-

3(4)/DAMAGES/2023

Exhibit P5 TRUE COPY OF THE PETITION AS APPEAL NO OF

Exhibit P6 TRUE COPY OF THE RECEIPT DATED 22.02.2024