Kerala High Court
M/S. Kerala Paper Products Limited vs Employees Provident Fund Organization on 20 February, 2024
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 20TH DAY OF FEBRUARY 2024 / 1ST PHALGUNA, 1945
WP(C) NO. 6523 OF 2024
PETITIONER/S:
M/S. KERALA PAPER PRODUCTS LIMITED
NEWSPRINT NAGAR P.O., KOTTAYAM, REPRESENTED BY ITS SPECIAL
OFFICER, MR. PRASAD BALAKRISHNAN NAIR, PIN - 686616.
BY ADVS.
SRI.BENNY P.THOMAS, SC, BPCL
D.PREM KAMATH
TOM THOMAS (KAKKUZHIYIL)
ABEL TOM BENNY
AMRUTHA SELVAM
PRAISY THOMAS
RESPONDENTS:
1 EMPLOYEES PROVIDENT FUND ORGANIZATION
ADITHYA SABARI TOWER, POST OFFICE ROAD, THIRUNAKKARA,
KOTTAYAM, REPRESENTED BY EMPLOYEES PROVIDENT FUND
COMMISSIONER, PIN - 686001.
2 THE EMPLOYEES PROVIDENT FUND COMMISSIONER
EMPLOYEES PROVIDENT FUND ORGANIZATION, REGIONAL OFFICE,
ADITHYA SABARI TOWER, POST OFFICE ROAD, THIRUNAKARA,
KOTTAYAM, PIN - 686001.
SRI.JOY THATTIL ITTOOP, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 6523 OF 2024 2
JUDGMENT
The Kerala Paper Products Limited, a Government of Kerala
undertaking, has approached this Court seeking the following reliefs:-
i. issue a writ of mandamus or any other writ or order or
direction directing the 2nd respondent to issue a new P.F.
Code to the petitioner company forthwith;
ii. issue Writ of mandamus, or any other appropriate rate, order
or direction, directing 2nd Respondent to consider Ext.P4
request and pass appropriate orders in accordance with law,
within a timeframe to be fixed by this Hon'ble Court.
2. The learned counsel appearing for the petitioner submits that
the petitioner herein has submitted Ext.P4 representation before the 2nd
respondent requesting to allot a new Provident Fund Code. It is contended
that though the same has been pending since 27.12.2023, no decision has
yet been taken.
3. The learned Standing Counsel appearing for the respondents
points out that Ext.P4 representation is seen to have been addressed to the
Regional Provident Fund Commissioner, Ernakulam. It is pointed out that it
is incumbent upon the petitioner to submit a representation before the
Regional Provident Fund Commissioner, Kottayam, which is the jurisdictional
authority.
4. In response, the learned counsel appearing for the petitioner
submits that the petitioner shall file a fresh representation before the
Regional Provident Fund Commissioner, Kottayam, within a period of one
week.
In that view of the matter, if a fresh representation is submitted
before the Regional Provident Fund Commissioner, Kottayam, within a period
of one week, the same shall be considered in accordance with law, with
notice to the petitioner, and appropriate action shall be taken within a period
of two weeks from the date of filing of the fresh representation.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
Sru
APPENDIX OF WP(C) 6523/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER NO. TIBA/3 /KOB/19
(IBA/174/2019 - NCLT, CHENNAI) PASSED BY THE
NCLT, KOCHI DATED 28/11/2019.
Exhibit P2 TRUE COPY OF THE ORDER NO. IA(IBC) /21/KOB/2021
IN TIBA/03/ KOB/2019 NCLT, CHENNAI) PASSED BY
THE NCLT, KOCHI DATED 29/01/2021.
Exhibit P3 TRUE COPY OF THE ORDER NO. COMPANY APPEAL (AT)
(CH) (INS) NO. 268/2021 PASSED BY THE NCLAT,
CHENNAI DATED 21.06.2023.
Exhibit P4 TRUE COPY OF THE APPLICATION DATED 27/12/2023
SUBMITTED BY THE PETITIONER COMPANY.
