Kerala High Court
Kerala State Centre For Advanced ... vs Regional Provident Fund Commissioner on 16 February, 2024
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
WP(C) No.6019/2024 1/4 Order Date : 16-02-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Friday, the 16th day of February 2024 / 27th Magha, 1945
WP(C) NO. 6019 OF 2024
PETITIONER:
KERALA STATE CENTRE FOR ADVANCED PRINTING AND TRAINING(C-APT), HEAD
OFFICE, VATTIYOORKAVU, THIRUVANANTHAPURAM, REPRESENTED BY MANAGING
DIRECTOR, PIN - 685013.
RESPONDENTS:
1. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND
ORGANIZATION, PATTAM, THIRUVANANTHAPURAM, PIN - 695004
2. ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND
ORGANIZATION, PATTAM, THIRUVANANTHAPURAM, PIN - 695004
3. ASSISTANT PROVIDENT FUND COMMISSIONER AND RECOVERY OFFICER,
EMPLOYEES PROVIDENT FUND ORGANIZATION, PATTAM, THIRUVANANTHAPURAM,
PIN - 695004
4. THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, 8TH
FLOOR, HOUSING BOARD BUILDING, PANAMPILLY NAGAR, ERNAKULAM,
REPRESENTED BY ITS SECRETARY, PIN - 682036
Writ Petition (Civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay all further proceedings pursuant to Exhibit P2 order of
2nd respondent and Exhibit P15 order of the 3rd respondent pending final
disposal of the writ petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S LATHA ANAND, M.N.RADHAKRISHNA MENON, K.R.PRAMOTH KUMAR, S.VISHNU
(ARIKKATTIL), SIDHARTH P.S & RADHAKRISHNA PILLAI B, Advocates for the
petitioner and of SRI.NITA N.S, Advocate for R1 to R3, the court passed
the following:
WP(C) No.6019/2024 2/4 Order Date : 16-02-2024
RAJA VIJAYARAGHAVAN V, J.
-------------------------------------
W.P.(C) No.6019 of 2024
-------------------------------------------
Dated this the 16th day of February 2024
ORDER
Smt.Nita N.S, the learned Standing Counsel, takes notice for respondents
1 to 3. The learned DSGI takes notice for the 4th respondent.
2. The petitioner is the Kerala State Centre for Advanced Printing and
Training. For the failure to make statutory remittances on time, damages under
Section 14B of the Act and interest under Section 7Q have been ordered to be
paid. Challenging the order, the petitioner is stated to have approached the
Employees Provident Fund Appellate Tribunal, New Delhi, and preferred Ext.P3
appeal and Ext.P4 interim order has been granted. While so, the Appellate
Tribunal was constituted and the cases were transferred to the Appellate
Authority at Bangalore. In 2017, the Appellate Tribunals were abolished, and
the Central Government Industrial Tribunal (CGIT), was notified as the
competent authority to hear the appeals under Section 7I of the Act, 1952.
The petitioner contends that they have not been issued with any notices
thereafter. However, they have now been served with Ext.P15 demand notice
WP(C) No.6019/2024 3/4 Order Date : 16-02-2024
requiring them to make payment of a sum of Rs.60,71,135/-. When the
petitioner approached the respondents, they were informed that the appeal
preferred them had been closed. However, no order was handed over.
3. The learned Standing Counsel appearing for respondents 1 to 3
shall get instructions and submit as to the status of the appeal preferred by the
petitioner covered under Ext.P4 order passed by the Employees Provident Fund
Appellate Tribunal.
Coercive proceedings, if any, shall be kept in abeyance for a period of
three weeks.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
sru
WP(C) No.6019/2024 4/4 Order Date : 16-02-2024
APPENDIX OF WP(C) 6019/2024
Exhibit P1 TRUE COPY OF CONSOLIDATED BALANCE SHEET DATED
15.01.2021 PREPARED BY CHARTERED ACCOUNTANT
Exhibit P2 TRUE COPY OF THE
ORDER.NO.KR/16122/RO/TVM/PD/NS/2010/13009 DATED
31.12.2010 PASSED BY THE 2ND RESPONDENT
Exhibit P3 TRUE COPY OF THE APPEAL .NO.166(7) OF 2011 DATED
10.02.2011 FILED BY THE PETITIONER BEFORE THE EMPLOYEES
PROVIDENT FUND APPLET TRIBUNAL NEW DELHI
Exhibit P4 TRUE COPY OF THE INTERIM ORDER DATED 07.03.2011 IN
A.T.A .NO.166(7) OF 2011 OF THE EMPLOYEES PROVIDENT
FUND APPELLATE TRIBUNAL NEW DELHI
Exhibit P5 TRUE COPY OF THE
NOTICE.NO.KR/TVM/16122/RECOVERY/2020-21 DATED
05.03.2021 ISSUED BY THE 3RD RESPONDENT
Exhibit P6 TRUE COPY OF THE REPLY LETTER DATED 17.03.2021
SUBMITTED BY THE PETITIONER
Exhibit P7 TRUE COPY OF THE LETTER DATED 25.06.2021 ISSUED BY THE
3RD RESPONDENT
Exhibit P8 TRUE COPY OF THE EMAIL DATED 07.07.2021 SENT BY THE
PETITIONER TO THE 3RD RESPONDENT
Exhibit P9 TRUE COPY OF THE EMAIL DATED 07.07.2021 SENT BY THE 3RD
RESPONDENT TO THE PETITIONER
Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED 06.07.2021
SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT
Exhibit P11 TRUE COPY OF THE LETTER DATED 14.07.2021 SENT BY THE
3RD RESPONDENT TO THE PETITIONER
Exhibit P12 TRUE COPY OF THE WPC.NO.14621 OF 2021 DATED 19.07.2021
FILED BY THE PETITIONER BEFORE THIS HON'BLE COURT
Exhibit P13 TRUE COPY OF THE JUDGMENT IN WPC.NO.14621/2021 DATED
23.07.2021 OF THIS HON'BLE COURT
Exhibit P14 TRUE COPY OF THE
NOTICE.NO.KR/TVM/RECOVERY/16122/2023-24/9859 DATED
04.01.2024 ISSUED BY THE 3RD RESPONDENT
Exhibit P15 TRUE COPY OF THE
NOTICE.NO.KR/16122/RECOVERY/RO/TVM/2023-24/12797 DATED
02.02.2024 ISSUED BY THE 3RD RESPONDENT
