Kerala High Court
Vellani Estate, M/S.Travancore Rubber ... vs The Assistant Provident Fund ... on 2 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
TUESDAY, THE 2ND DAY OF APRIL 2024 / 13TH CHAITHRA, 1946
WP(C) NO. 16330 OF 2016
PETITIONER :-
KUPPAKAYAM ESTATE RUBBER DIVISION
KUPPAKAYAM ESTATE M/S.TRAVANCORE RUBBER & TEA CO. LTD.,
MUNDAKAYAM P.O., IDUKKI DISTTRICT, 686 513, REPRESENTED
BY ITS CHIEF EXECUTIVE MR.R.SIVARAMAKRISHNA SARMA.
BY ADVS.
SRI.V.ABRAHAM MARKOS
SRI.ABRAHAM JOSEPH MARKOS
SRI.HARAN THOMAS GEORGE
SRI.ISAAC THOMAS
SRI.NOBY THOMAS CYRIAC
RESPONDENTS :-
1 THE ASSISTANT PROVIDENT FUND COMMISSIONER
EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB-REGIONAL
OFFICE, ADITYA SABARI TOWER, POST OFFICE ROAD,
THIRUNAKKARA, KOTTAYAM 686 001.
2 THE RECOVERY OFFICER
EMPLOYEES PROVIDENT FUND ORGANIZATION,
ADITYA SABARI TOWER, POST OFFICE ROAD,
THIRUNAKKARA, KOTTAYAM 686 001.
3 EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL
SCOPE MINAR, 4TH FLOOR, CORE-2,
LAXMI NAGAR, NEW DELHI 110 092.
BY ADV SRI.JOY THATTIL ITOOP, SC, EPF ORGANISA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.04.2024, ALONG WITH WP(C).16344/2016, 16345/2016 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16330 OF 2016 & connected cases
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
TUESDAY, THE 2ND DAY OF APRIL 2024 / 13TH CHAITHRA, 1946
WP(C) NO. 16344 OF 2016
PETITIONER :-
VALLEY END TEA ESTATE
M/S. TRAVANCORE RUBB ER & TEA CO. LTD.,
MUNDAKKAYAM.P.O., IDUKKI DISTRICT-686513,
REPRESENTED BY ITS CHIEF EXECUTIVE, MR. R.
SIVARAMAKRISHNA SARMA.
BY ADVS.
SRI.V.ABRAHAM MARKOS
SRI.ABRAHAM JOSEPH MARKOS
SRI.HARAN THOMAS GEORGE
SRI.ISAAC THOMAS
SRI.NOBY THOMAS CYRIAC
RESPONDENTS :-
1 THE ASSISTANT PROVIDENT FUND COMMISSIONER
EMPLOYEES PROVIDENT FUND ORGANIZATION SUB-
REGIONAL OFFICE, ADITYA SABARI TOWER,
POST OFFICE ROAD, THIRUNAKKARA, KOTTAYAM-686001.
2 THE RECOVERY OFFICER
EMPLOYEES PROVIDENT FUND ORGANIZATION, ADITYA
SABARI TOWER, POST OFFICE ROAD, THIRUNAKKARA,
KOTTAYAM-686001.
3 EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL
SCOPE MINAR, 4TH FLOOR, CORE 2, LAXMI NAGAR, NEW
DELHI-110092.
BY ADV SRI.JOY THATTIL ITOOP, SC, EPF ORGANISA
WP(C) NO. 16330 OF 2016 & connected cases
3
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.04.2024, ALONG WITH WP(C).16330/2016 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 16330 OF 2016 & connected cases
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
TUESDAY, THE 2ND DAY OF APRIL 2024 / 13TH CHAITHRA, 1946
WP(C) NO. 16345 OF 2016
PETITIONER :-
MANIKAL ESTATE
M/S.TRAVANCORE RUBBER & TEA CO.LTD., MUNDAKAYAM
P.O., IDUKKI DISTRICT - 686 513, REPRESENTED BY
ITS CHIEF EXECUTIVE, MR.R.SIVARAKAMRISHNA SARMA.
BY ADVS.
SRI.V.ABRAHAM MARKOS
SRI.ABRAHAM JOSEPH MARKOS
SRI.HARAN THOMAS GEORGE
SRI.ISAAC THOMAS
SRI.NOBY THOMAS CYRIAC
RESPONDENTS :-
1 THE ASSISTANT PROVIDENT FUND COMMISSIONER
EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB-
REGIONAL OFFICE, ADITYA SABARI TOWER, POST OFFICE
ROAD, THIRUNAKKARA, KOTTAYAM - 686 001.
2 THE RECOVERY OFFICER
EMPLOYEES PROVIDENT FUND ORGANIZATION, ADITYA
SABARI TOWER, POST OFFICE ROAD, THIRUNAKKARA,
KOTTAYAM - 686 001.
3 EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL
SCOPE MINAR, 4TH FLOOR, CORE - 2, LAXMI NAGAR,
NEW DELHI - 110 092.
BY ADV SRI.JOY THATTIL ITOOP, SC, EPF ORGANISA
WP(C) NO. 16330 OF 2016 & connected cases
5
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.04.2024, ALONG WITH WP(C).16330/2016 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 16330 OF 2016 & connected cases
6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
TUESDAY, THE 2ND DAY OF APRIL 2024 / 13TH CHAITHRA, 1946
WP(C) NO. 16387 OF 2016
PETITIONER :-
VELLANI ESTATE, M/S.TRAVANCORE RUBBER & TEA
CO.LTD., MUNDAKAYAM.P.O,
IDUKKI DISTRICT-686513,REPRESENTED BY ITS CHIEF
EXECUTIVE,MR.R.SIVARAMAKRISHNA SARMA.
BY ADVS.
SRI.V.ABRAHAM MARKOS
SRI.ABRAHAM JOSEPH MARKOS
SRI.HARAN THOMAS GEORGE
SRI.ISAAC THOMAS
SRI.NOBY THOMAS CYRIAC
RESPONDENTS :-
1 THE ASSISTANT PROVIDENT FUND COMMISSIONER
EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB-
REGIONAL OFFICE,ADITYA SABARI TOWER,POST OFFICE
ROAD,THIRUNAKKARA,KOTTAYAM-686001.
2 THE RECOVERY OFFICER
EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB-
REGIONAL OFFICE,ADITYA SABARI TOWER,POST OFFICE
ROAD,THIRUNAKKARA,KOTTAYAM-686001.
3 EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL
SCOPE MINAR,4TH FLOOR,CORE-2,LAXMI NAGAR,NEW
DELHI-110092.
BY ADV SRI.JOY THATTIL ITOOP, SC, EPF ORGANISA
WP(C) NO. 16330 OF 2016 & connected cases
7
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.04.2024, ALONG WITH WP(C).16330/2016 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 16330 OF 2016 & connected cases
8
JUDGMENT
1. The petitioners filed these writ petitions challenging the
orders passed under Section 14B of the Employees' Provident Funds
and Miscellaneous Provisions Act, 1952 imposing damages and
interest on them, on the ground that they paid the contribution
belatedly. At the time of filing these writ petitions, the writ petitioners
had filed appeals challenging the original orders before the Appellate
Tribunal and copies of the Appeals were produced along with the Writ
Petitions. The said original orders are challenged in these writ
petitions also and this Court had granted interim stay of the impugned
orders.
2. The learned counsel for the respondents submitted that the
Appeals filed by the writ petitioners were disposed by the Central
Government Industrial Tribunal-cum-Labour Court, Ernakulam
reducing the amounts of damages. He made available a copy of the
order in Appeal No.193/2019 dated 29.11.2021 and a copy of the
WP(C) NO. 16330 OF 2016 & connected cases
Common Order dated 24.09.2021 in Appeal Nos.192/2019, 197/2019,
203/2019 and 215/2019.
3. Since the impugned orders in these writ petitions are
modified by the orders in the Appeals, no further relief can be granted
in these writ petitions. Accordingly these writ petitions are closed
without passing further orders reserving the liberty in favour of the
petitioners to challenge the appellate orders.
Sd/-
M.A.ABDUL HAKHIM
JUDGE
SMA
WP(C) NO. 16330 OF 2016 & connected cases
APPENDIX OF WP(C) 16344/2016
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF LETTER DATED 16/7/2012 AND
DEMAND DRAFT ISSUED BY THE PETITIONER TO
THE REGIONAL COMMISSIONER, EMPLOYEES
PROVIDENT FUNDS, KOTTAYAM
EXHIBIT P2 TRUE COPY OF ORDER DATED 13/2/2015
ISSUED BY THE 1ST RESPONDENT TO THE
PETITIONER
EXHIBIT P3 TRUE COPY OF ORDER DATED JANUARY 2015
ISSUED BY THE 1ST RESPONDENT TO THE
PETITIONER
EXHIBIT P4 TRUE COPY OF THE APPEAL DATED 27/3/2015
PREFERRED BY THE PETITIONER BEFORE THE
3RD RESPONDENT
EXHIBIT P5 TRUE COPY OF THE LETTER DATED 29/7/2015
ISSUED BY THE 2ND RESPONDENT TO THE
PETITIONER
WP(C) NO. 16330 OF 2016 & connected cases
APPENDIX OF WP(C) 16345/2016
PETITIONER EXHIBITS :-
EXHIBIT P1 TRUE COPY OF THE LETTER DATED 16.07.2012
AND DEMAND DRAFT ISSUED BY THE
PETITIONER TO TEH REGIONAL COMMISSIONER,
EMPLOYEES PROVIDENT FUNDS, KOTTAYAM.
EXHIBIT P2 TRUE COPY OF ORDERDATED 08.11.2014
ISSUED BY THE REGIONAL PROVIDENT FUND
COMMISSIONER - II, KOTTAYAM TO THE
PETITIONER.
EXHIBIT P3 TRUE COPY OF THE APPEAL DATED 05.01.2015
PREFERRED BY THE PETITIONER BEFORE THE
3RD RESPONDENT.
WP(C) NO. 16330 OF 2016 & connected cases
APPENDIX OF WP(C) 16387/2016
PETITIONER EXHIBITS :-
EXHIBIT P1 TRUE COPY OF LETTER DATED 16.07.2012 AND
THE DEMAND DRAFT ISSUED BY THE
PETITIONER TO THE REGIONAL
COMMISSIONER,EMPLOYEES' PROVIDENT FUND,
KOTTAYAM
EXHIBIT P2 TRUE COPY OF ORDER DATED 18.11.2014
ISSUED BY THE 1ST RESPONDENT TO THE
PETITIONER
EXHIBIT P3 TRUE COPY OF ORDER DATED 12.11.2014
ISSUED BY THE 1ST RESPONDENT TO THE
PETITIONER
EXHIBIT P4 TRUE COPY OF THE APPEAL DATED 05.01.2015
PREFERRED BY THE PETITIONER BEFORE THE
3RD RESPONDENT
EXHIBIT P5 TRUE COPY OF THE LETTER DATED 29.07.2015
ISSUED BY THE 2ND RESPONDENT TO THE
BRANCH MANAGER,STATE BAK OF TRAVANCORE,
MUNDAKAYAM WITH COPY TO THE PETITIONER.
WP(C) NO. 16330 OF 2016 & connected cases
APPENDIX OF WP(C) 16330/2016
PETITIONER EXHIBITS :-
EXHIBIT P1 TRUE COPY OF LETTER DATED 16/7/2012 AND
DEMAND DRAFT ISSUED BY THE PETITIONER TO
THE REGIONAL COMMISSIONER, EMPLOYEES
PROVIDENT FUNDS, KOTTAYAM.
EXHIBIT P2 TRUE COPY OF ORDER DATED 26/11/2014
ISSUED BY THE 1ST RESPONDENT
EXHIBIT P3 TRUE COPY OF ORDER DATED 21/11/2014
ISSUED BY THE 1ST RESPONDENT
EXHIBIT P4 TRUE COPY OF THE APPEAL PREFERRED BY THE
PETITIOENR BEFORE THE 3RD RESPONDENT
