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Smt.L.Geethakumari vs The Recovery Officer
2024 Latest Caselaw 9476 Ker

Citation : 2024 Latest Caselaw 9476 Ker
Judgement Date : 4 April, 2024

Kerala High Court

Smt.L.Geethakumari vs The Recovery Officer on 4 April, 2024

Author: Amit Rawal

Bench: Amit Rawal

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                     THE HONOURABLE MR. JUSTICE AMIT RAWAL
                                        &
                    THE HONOURABLE MR. JUSTICE EASWARAN S.
           THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
                               WA NO. 391 OF 2023

AGAINST THE JUDGMENT IN WP(C) NO.3479 OF 2019 OF HIGH COURT OF KERALA

APPELLANT/WRIT PETITIONER:

             L.GEETHAKUMARI
             AGED 58 YEARS
             W/O LATE BALACHANDRAN PILLAI, MANAGING PARTNER OF M/S.BALAJI
             EXPORTS, CHAITHANYA, VETTILATHAZHAM, THRIKOVILVATTOM, KOLLAM
             REPRESENTED BY POWER OF ATTORNEY HOLDER, MOHAMMED NOUFAL @ NOUFAL
             SALAM, AGED 46 YEARS, PATTATHIL, AYATHIL P.O., KOLLAM, PIN - 691021

             BY ADVS.
             P.MARTIN JOSE
             P.PRIJITH
             THOMAS P.KURUVILLA
             R.GITHESH
             AJAY BEN JOSE
             MANJUNATH MENON
             SACHIN JACOB AMBAT
             ANNA LINDA EDEN
             HARIKRISHNAN S.
             S.SREEKUMAR (SR.)



RESPONDENTS/RESPONDENTS:

     1       THE ASSISTANT PROVIDENT FUND COMMISSIONER,
             REGIONAL OFFICE, PONNAMMA CHAMBER PARAMESWAR NAGAR, KOLLAM, PIN -
             691001

     2       RECOVERY OFFICER
             OFFICE OF THE RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND
             ORGANISATION,REGIONAL OFFICE PONNAMMA CHAMBERS, PARAMESWAR NAGAR,
             KOLLAM, PIN - 691001

            BY ADV PIRAPPANCODE V.S.SUDHIR




      THIS WRIT APPEAL HAVING COME UP FOR HEARING ON 04.04.2024, ALONG WITH

WA.393/2023, 394/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED

THE FOLLOWING:
 WA NO. 391 OF 2023 and conctd. Case
                               2


           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
             THE HONOURABLE MR. JUSTICE AMIT RAWAL
                                &
            THE HONOURABLE MR. JUSTICE EASWARAN S.
   THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
                       WA NO. 393 OF 2023

AGAINST THE JUDGMENT IN WP(C) NO.10518 OF 2019 OF HIGH COURT
OF KERALA
APPELLANT/WRIT PETITIONER:

          SMT. L.GEETHAKUMARI,
          AGED 58 YEARS
          W/O LATE BALACHANDRAN PILLAI, MANAGING PARTNER OF
          M/S.BALAJI EXPORTS, CHAITHANYA, VETTILATHAZHAM,
          THRIKOVILVATTOM, KOLLAM REPRESENTED BY POWER OF
          ATTORNEY HOLDER, MOHAMMED NOUFAL @ NOUFAL SALAM,
          AGED 46 YEARS, PATTATHIL, AYATHIL P.O., KOLLAM, PIN
          - 691021

          BY ADVS.
          P.MARTIN JOSE
          P.PRIJITH
          THOMAS P.KURUVILLA
          R.GITHESH
          AJAY BEN JOSE
          MANJUNATH MENON
          SACHIN JACOB AMBAT
          ANNA LINDA EDEN
          HARIKRISHNAN S.
          S.SREEKUMAR (SR.)



RESPONDENTS/RESPONDENTS:

    1     THE ASSISTANT PROVIDENT FUND COMMISSIONER,
          REGIONAL OFFICE, PONNAMMA CHAMBER PARAMESWAR NAGAR,
          KOLLAM, PIN - 691001

    2     RECOVERY OFFICER,
          OFFICE OF THE RECOVERY OFFICER, EMPLOYEES PROVIDENT
          FUND ORGANISATION REGIONAL OFFICE PONNAMMA CHAMBERS,
          PARAMESWAR NAGAR, KOLLAM, PIN - 691001
 WA NO. 391 OF 2023 and conctd. Case
                                3

    3       THE SUB REGISTRAR,
            OFFICE OF THE SUB REGISTRY, OACHIRA, KOLLAM, PIN -
            690520

    4       THE TAHASILDAR,
            KARUNAGAPALLY, KOLLAM, PIN - 690518

    5       THE VILLAGE OFFICER,
            PAVUMBA, KARUNAGAPALLY, KOLLAM, PIN - 690518

            BY ADV PIRAPPANCODE V.S.SUDHIR




     THIS    WRIT   APPEAL   HAVING   COME   UP   FOR   HEARING   ON
04.04.2024, ALONG WITH WA.391/2023 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA NO. 391 OF 2023 and conctd. Case
                               4



           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
            THE HONOURABLE MR. JUSTICE AMIT RAWAL
                                   &
            THE HONOURABLE MR. JUSTICE EASWARAN S.
   THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
                      WA NO. 394 OF 2023
AGAINST THE JUDGMENT IN WP(C) NO.3510 OF 2019 OF HIGH COURT OF
KERALA
APPELLANT/WRIT PETITIONER:

         SMT.L.GEETHAKUMARI
         AGED 58 YEARS
         W/O LATE BALACHANDRAN PILLAI, MANAGING PARTNER OF
         M/S.BALAJI EXPORTS, CHAITHANYA, VETTILATHAZHAM,
         THRIKOVILVATTOM, KOLLAM REPRESENTED BY POWER OF
         ATTORNEY HOLDER, MOHAMMED NOUFAL @ NOUFAL SALAM,
         AGED 46 YEARS, PATTATHIL, AYATHIL P.O., KOLLAM, PIN
         - 691021

          BY ADVS.
          P.MARTIN JOSE
          P.PRIJITH
          THOMAS P.KURUVILLA
          R.GITHESH
          AJAY BEN JOSE
          MANJUNATH MENON
          SACHIN JACOB AMBAT
          ANNA LINDA EDEN
          HARIKRISHNAN S.
          S.SREEKUMAR (SR.)



RESPONDENTS/RESPONDENTS:

    1     THE ASSISTANT PROVIDENT FUND COMMISSIONER,
          REGIONAL OFFICE, PONNAMMA CHAMBER PARAMESWAR NAGAR,
          KOLLAM, PIN - 691001
 WA NO. 391 OF 2023 and conctd. Case
                                5

    2       THE RECOVERY OFFICER,
            OFFICE OF THE RECOVERY OFFICER, EMPLOYEES PROVIDENT
            FUND ORGANISATION REGIONAL OFFICE PONNAMMA CHAMBERS,
            PARAMESWAR NAGAR, KOLLAM, PIN - 691001

            BY ADV PIRAPPANCODE V.S.SUDHIR




     THIS    WRIT   APPEAL   HAVING   COME   UP   FOR   HEARING   ON
04.04.2024, ALONG WITH WA.391/2023 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA NO. 391 OF 2023 and conctd. Case
                               6



           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
            THE HONOURABLE MR. JUSTICE AMIT RAWAL
                                   &
            THE HONOURABLE MR. JUSTICE EASWARAN S.
   THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
                      WA NO. 412 OF 2023
AGAINST THE JUDGMENT IN WP(C) NO.5757 OF 2019 OF HIGH COURT OF
KERALA
APPELLANT/WRIT PETITIONER:

         SMT.L.GEETHAKUMARI
         AGED 58 YEARS
         W/O LATE BALACHANDRAN PILLAI, MANAGING PARTNER OF
         M/S.BALAJI EXPORTS, CHAITHANYA, VETTILATHAZHAM,
         THRIKOVILVATTOM, KOLLAM REPRESENTED BY POWER OF
         ATTORNEY HOLDER, MOHAMMED NOUFAL @ NOUFAL SALAM,
         AGED 46 YEARS, PATTATHIL, AYATHIL P.O., KOLLAM, PIN
         - 691021

          BY ADVS.
          P.MARTIN JOSE
          P.PRIJITH
          THOMAS P.KURUVILLA
          R.GITHESH
          AJAY BEN JOSE
          MANJUNATH MENON
          SACHIN JACOB AMBAT
          ANNA LINDA EDEN
          HARIKRISHNAN S.
          S.SREEKUMAR (SR.)



RESPONDENTS/RESPONDENTS:

    1     THE ASSISTANT PROVIDENT FUND COMMISSIONER,
          REGIONAL OFFICE, PONNAMMA CHAMBER PARAMESWAR NAGAR,
          KOLLAM, PIN - 691001
 WA NO. 391 OF 2023 and conctd. Case
                                7

    2       RECOVERY OFFICER
            OFFICE OF THE RECOVERY OFFICER, EMPLOYEES PROVIDENT
            FUND ORGANISATION REGIONAL OFFICE PONNAMMA CHAMBERS,
            PARAMESWAR NAGAR, KOLLAM, PIN - 691001

    3       G.GOPALAKRISHNA PILLAI, (DIED)
            PROPRIETOR, M/S.DIVYA CASHEW, SMITHALAYAM, DECENT
            JUNCTION P.O, MUKATHALA , KOLLAM, PIN - 691577

    4       GIRIJA GOPALAKRISHNAN,
            AGED 74 YEARS
            W/O LATE B.GOPALAKRISHNA PILLAI, SMITHALAYAM, DECENT
            JUNCTION P.O, MUKATHALA , KOLLAM, PIN - 691577

    5       SMITHA .G,
            AGED 42 YEARS
            D/O LATE B.GOPALAKRISHNA PILLAI, SMITHALAYAM, DECENT
            JUNCTION P.O, MUKATHALA , KOLLAM, PIN - 691577

    6       DIVYA .G,
            AGED 42 YEARS
            D/O LATE B.GOPALAKRISHNA PILLAI, SMITHALAYAM, DECENT
            JUNCTION P.O, MUKATHALA , KOLLAM, PIN - 691577

    7       SARUN GOPALAKRISHNA PILLAI
            AGED 40 YEARS
            S/O LATE B.GOPALAKRISHNA PILLAI, SMITHALAYAM, DECENT
            JUNCTION P.O, MUKATHALA , KOLLAM, PIN - 691577

            BY ADVS.
            PIRAPPANCODE V.S.SUDHIR
            GEORGE JACOB (JOSE)
            ROSHAN JACOB MUNDACKAL(K/000794/2017)




     THIS    WRIT   APPEAL   HAVING   COME   UP   FOR   HEARING   ON
04.04.2024, ALONG WITH WA.391/2023 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA NO. 391 OF 2023 and conctd. Case
                               8



           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
            THE HONOURABLE MR. JUSTICE AMIT RAWAL
                                   &
            THE HONOURABLE MR. JUSTICE EASWARAN S.
   THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
                      WA NO. 417 OF 2023
AGAINST THE JUDGMENT DATED IN WP(C) NO.2851 OF 2019 OF HIGH
COURT OF KERALA
APPELLANT/WRIT PETITIONER:

         SMT.L.GEETHAKUMARI
         AGED 58 YEARS
         W/O LATE BALACHANDRAN PILLAI, AGED 58 YEARS MANAGING
         PARTNER OF M/S.BALAJI EXPORTS, CHAITHANYA,
         VETTILATHAZHAM, THRIKOVILVATTOM, KOLLAM REPRESENTED
         BY POWER OF ATTORNEY HOLDER, MOHAMMED NOUFAL @
         NOUFAL SALAM, AGED 46 YEARS, PATTATHIL, AYATHIL
         P.O., KOLLAM, PIN - 691021

          BY ADVS.
          P.MARTIN JOSE
          P.PRIJITH
          THOMAS P.KURUVILLA
          R.GITHESH
          AJAY BEN JOSE
          MANJUNATH MENON
          SACHIN JACOB AMBAT
          ANNA LINDA EDEN
          HARIKRISHNAN S.
          S.SREEKUMAR (SR.)



RESPONDENTS/RESPONDENTS:

    1     THE REGIONAL PROVIDENT FUND COMMISSIONER,
          REGIONAL OFFICE, PONNAMMA CHAMBER PARAMESWAR NAGAR,
          KOLLAM, PIN - 691001
 WA NO. 391 OF 2023 and conctd. Case
                                9

    2       RECOVERY OFFICER
            OFFICE OF THE RECOVERY OFFICER, EMPLOYEES PROVIDENT
            FUND ORGANISATION REGIONAL OFFICE, PONNAMMA
            CHAMBERS, PARAMESWAR NAGAR, KOLLAM, PIN - 691001

    3       EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL
            NEW DELHI, PIN - 110092

            BY ADV PIRAPPANCODE V.S.SUDHIR




     THIS    WRIT   APPEAL   HAVING   COME   UP   FOR   HEARING   ON
04.04.2024, ALONG WITH WA.391/2023 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA NO. 391 OF 2023 and conctd. Case
                               10



           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
            THE HONOURABLE MR. JUSTICE AMIT RAWAL
                                &
            THE HONOURABLE MR. JUSTICE EASWARAN S.
   THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
                      WA NO. 435 OF 2023
AGAINST THE JUDGMENT IN WP(C) NO.3480 OF 2019 OF HIGH COURT OF
KERALA
APPELLANT/WRIT PETITIONER

          L.GEETHAKUMARI, W/O LATE BALACHANDRAN PILLAI,
          AGED 58 YEARS
          MANAGING PARTNER OF M/S.BALAJI EXPORTS, CHAITHANYA,
          VETTILATHAZHAM, THRIKOVILVATTOM, KOLLAM REPRESENTED
          BY POWER OF ATTORNEY HOLDER, MOHAMMED NOUFAL @
          NOUFAL SALAM, AGED 46 YEARS, PATTATHIL, AYATHIL
          P.O., KOLLAM, PIN - 691021

          BY ADVS.
          P.MARTIN JOSE
          P.PRIJITH
          THOMAS P.KURUVILLA
          R.GITHESH
          AJAY BEN JOSE
          MANJUNATH MENON
          SACHIN JACOB AMBAT
          ANNA LINDA EDEN
          HARIKRISHNAN S.
          S.SREEKUMAR (SR.)



RESPONDENTS/RESPONDENTS:
    1     THE ASSISTANT PROVIDENT FUND COMMISSIONER,
          REGIONAL OFFICE, PONNAMMA CHAMBER PARAMESWAR NAGAR,
          KOLLAM, PIN - 691001

    2     RECOVERY OFFICER,
          OFFICE OF THE RECOVERY OFFICER, EMPLOYEES PROVIDENT
          FUND ORGANISATION ,REGIONAL OFFICE PONNAMMA
          CHAMBERS, PARAMESWAR NAGAR, KOLLAM, PIN - 691001
 WA NO. 391 OF 2023 and conctd. Case
                                11

    3       EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL,
            LAKSHMI NAGAR, DISTRICT CENTRE, DELHI 110 092, CAMP
            AT KERALA

            BY ADV PIRAPPANCODE V.S.SUDHIR




     THIS    WRIT   APPEAL   HAVING   COME   UP   FOR   HEARING   ON
04.04.2024, ALONG WITH WA.391/2023 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA NO. 391 OF 2023 and conctd. Case
                                  12


              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE AMIT RAWAL
                                    &
                 THE HONOURABLE MR. JUSTICE EASWARAN S.
        THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
                            WA NO. 449 OF 2023
AGAINST THE JUDGMENT IN WP(C) NO.23216 OF 2011 OF HIGH COURT OF
KERALA
APPELLANTS/WRIT PETITIONERS:
     1     SMT.L.GEETHAKUMARI,
           AGED 58 YEARS
           W/O.LATE BALACHANDRAN PILLAI,AGED 58 YEARS,GIRIJA
           BHAVAN,VALATHUNGAL P.O.,KOLLAM691011. REPRESENTED BY
           POWER OF ATTORNEY HOLDER, MOHAMMED NOUFAL @ NOUFAL
           SALAM,AGED 46 YEARS,PATTATHIL,AYATHIL P.O.,KOLLAM-691
           021., PIN - 691021

    2        SRI.BALAJI BALACHANDRAN,
             S/O.LATE BALACHANDRAN PILLAI,AGED 33 YEARS,GIRIJA
             BAHVAN,VALATHUNGAL P.O.,KOLLAM-691011. REPRESENTED BY
             POWER OF ATTORNEY HOLDER, MOHAMMED NOUFAL @ NOUFAL
             SALAM,AGED 46 YEARS,PATTATHIL,AYATHIL P.O.,KOLLAM-691
             021.

    3        SRI.VISHAK B.,
             AGED 20 YEARS,S/O.LATE BALACHANDRAN PILLAI (DIED), GIRIJA
             BHAVAN,VALATHUNGAL P.O.,KOLLAM-691011.

    4        SRI.VIGNESH,
             S/O.LATE BALACHANDRAN PILLAI,AGED 27 YEARS,GIRIJA
             BHAVAN,VALATHUNGAL P.O.-KOLLAM-691011.REPRESENTED BY
             POWER OF ATTORNEY HOLDER, MOHAMMED NOUFAL @ NOUFAL
             SALAM,AGED 46 YEARS,PATTATHIL,AYATHIL P.O.,KOLLAM-691
             021.

             BY ADVS.
             P.MARTIN JOSE
             P.PRIJITH
             THOMAS P.KURUVILLA
             R.GITHESH
             AJAY BEN JOSE
             MANJUNATH MENON
             SACHIN JACOB AMBAT
             ANNA LINDA EDEN
             HARIKRISHNAN S.
             S.SREEKUMAR (SR.)
 WA NO. 391 OF 2023 and conctd. Case
                                13



RESPONDENTS/RESPONDENTS:
     1     THE RECOVERY OFFICER,
           EMPLOYEES PROVIDENT FUND ORGANISATION, SUB REGIONAL
           OFFICE PONNAMMA CHAMBERS, KOLLAM -691001., PIN - 691001

    2     EMPLOYEES PROVIDENT FUND ORGANISATION,
          REPRESENTED BY THE REGIONAL PROVIDENT FUND
          COMMISSIONER,BHAVISHYNIDHI
          BHAVAN,P.B.NO.1016,PATTOM,THIRUVANANTHAPURAM-695004.

    3     B.GOPALAKRISHNA PILLAI,
          SMITHALAYAM,DECENT JUNCTION P.O. (DIED),MUKATHALA,KOLLAM-
          691 577.

    4     GIRIJA GOPALAKRISHNAN,
          W/O.LATE B.GOPALAKRISHNA PILLAI,AGED 74
          YEARS,SMITHALAYAM,DECENT JUNCTION P.O.,MUKATHALA,KOLLAM-
          691 577.

    5     SMITHA G.,
          D/O. LATE B.GOPALAKRISHNA PILLAI,AGED 44
          YEARS,SMITHALAYAM,DECENT JUNCTION P.O.,MUKATHALA,KOLLAM-
          691 577.

    6     DIVYA G.,
          D/O. LATE B.GOPALAKRISHNA PILLAI,AGED 42
          YEARS,SMITHALAYAM,DECENT JUNCTION P.O.,MUKATHALA,KOLLAM-
          691 577.

    7     SARUNGOPALAKRISHNA PILLAI,
          S/O.LATE B.GOPALAKRISHNA PILLAI,AGED 40
          YEARS,SMITHALAYAM,DECENT JUNCTION P.O.,MUKATHALA,KOLLAM-
          691 577.

           BY ADV PIRAPPANCODE V.S.SUDHIR


     THIS WRIT APPEAL HAVING COME UP FOR HEARING ON 04.04.2024,
ALONG WITH WA.391/2023 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 WA NO. 391 OF 2023 and conctd. Case
                                        14

                                   JUDGMENT

Amit Rawal, J.

One Balachandran was the proprietor of cashew factories

namely M/s Balaji Exports at Pavumba, M/s Balaji Exports at

Meenambalam and M/s Balaji Exports at Thamarakulam which had

on rolls the employees more than 20 in number and accordingly,

were assigned account number by the organization. On account of

non deposit of the contribution, proceedings, of different period

under Section 7A of the Employees Provident Fund and

Miscellaneous Provisions Act, 1952 was initiated. In the meanwhile

Sri. Balachandran died on 18.4.2001. Smt.L.Geethakumari-

appellant is his wife. In order to manage the affairs of the

aforementioned firms she executed a notarized power of attorney in

favour of one B.Gopalakrishna Pillai, brother of her husband. The

non contribution was for the period 2008-2012. Various orders

were passed under Section 7A of the Act. The power of attorney

holder challenged the aforementioned order by preferring

statutory appeals. However, the appeals were dismissed and the

challenge before the Single Bench and Division Bench of the Delhi

High Court remained futile.

2. Against the same very orders, Smt.L.Geethakumari and WA NO. 391 OF 2023 and conctd. Case

her children being the legal heir of Sri. Balachandran challenged

the order of assessment directly in this court vide various writ

petitions (WP(C) No.23216 of 2011, 2851 of 2019, 5757 of 2019,

3510 of 2019, 3480 of 2019, 10518 of 2019, 3479 of 2019).

3. Learned Single Bench vide common judgment dated

12.12.2022 dismissed the writ petitions on the ground of the

concealment with regard to the availment of the remedy by the

power of attorney before the appellate authority as well as the

different courts at Delhi. It is in that background, appeals have

been preferred.

4. Learned counsel for the appellant in support of the

memorandum of appeals raised the following submissions:

5. The power of attorney had kept the appellant totally in

dark with regard to the outcome of the proceedings under Section

7A as well as the dismissal of the appeals and of the writ petitions

and later intra court appeals. There was thus no intentional or

willful concealment; nor there was no such any intention to do so.

6. This Court on 25.3.2024 passed the following order:

During the course of the hearing, we have come across very vital facts though also noticed by the learned Single Bench that on the demise of the husband of the appellant, attorney WA NO. 391 OF 2023 and conctd. Case

holder on the basis of the power attorney dated 21.6.2001 had already challenged the proceedings under Section 7A before the EPF Tribunal remained unsuccessful, also availed the remedy of writ and writ appeal. In this view of the matter, we are of the view that two parallel proceedings one, on behalf of the attorney holder and other, on behalf of the original proprietor ie., the executant of the power attorney cannot be permitted to continue on two different courts. This fact was though noticed by the learned Single Judge, while dismissing writ had intended to impose cost but keeping in view the health conditions, did not do so.

2. At this stage, Sri. S. Sreekumar, learned Senior counsel requests that in order to provide quietus to the dispute, on instructions, appellant is willing to clear all the EPF dues of different period subject to some relaxation in the interest part.

We call upon the counsel representing both the parties to give us the total amount due for consideration of the matter. For further consideration, post on 27.3.2024.

7. As per the orders on record, total liability of the

establishment is Rs.37,65,299/-.

8. Learned counsel for the appellant submits that in case

some reasonable period is granted, the entire liability will be paid,

for, the time being the interest as enshrined under Section 7Q and

damages under Section 14B have yet not been quantified or put to

any notice.

9. Learned counsel on behalf of the organization, though

opposed the aforementioned prayer, submitted that quietus can be

brought, in case the amount is deposited within time line. The

organization will be at liberty to put notice to the legal heirs of Sri.

Balachandran regarding the quantification of the interest and WA NO. 391 OF 2023 and conctd. Case

damages in accordance with law.

10. We have heard the learned counsel for the parties and

appraised the paper book. The facts noticed above are not in

dispute. Considering the request of the appellants, we grant two

months time from today to deposit the outstanding liability of

Rs.37,65,299/- in the account with electronic challan. As and when

the organization initiates the steps for quantification of the

damages and interest under Section 7Q and 14B, would put a

notice to the establishment. The establishment would be at liberty

to explain the mitigating circumstances and seek for reduction if

warranted in accordance with law. Till such time, the coercive

measures against the appellant shall be kept in abeyance.

Appeals stand disposed of.

SD/-

AMIT RAWAL JUDGE

SD/-

sab                                        EASWARAN S.
                                               JUDGE
 

 
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