Kerala High Court
Kerala Paper Products Ltd vs Employee Provident Fund Organisation on 29 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
THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945
WP(C) NO. 8170 OF 2024
PETITIONER:
KERALA PAPER PRODUCTS LTD
NEWSPAPER NAGAR, KOTTAYAM, KERALA, 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
GENTLE C.D.
RESPONDENTS:
1 EMPLOYEE PROVIDENT FUND ORGANISATION
REGIONAL OFFICE AT ADITHIYA SABRI TOWER, POST OFFICE ROAD,
TIRUNKKARA, KOTTAYAM, REPRESENTED BY REGIONAL PROVIDENT
FUND COMMISSIONER., PIN - 686001.
2 THE REGIONAL PROVIDENT FUND COMMISSIONER
ADITHIYA SABRI TOWER, POST OFFICE ROAD, TIRUNKKARA,
KOTTAYAM., PIN - 686001.
3 CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL
HOUSING BOARD BUILDINGS, PANAMPILLY NAGAR, COCHIN,
REPRESENTED BY ITS PRESIDING OFFICER, PIN - 682036.
BY ADV HARISH KUMAR B
SRI JOY THATTIL ITTOOP, SC FOR EPFO
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 8170 OF 2024 2
JUDGMENT
The petitioner is a Government Company covered under the provisions
of the Employees Provident Fund and Miscellaneous Provisions Act, 1952,
and the schemes framed thereunder. As the establishment is running at a
loss for the past few years, they have not been able to make statutory
remittances towards the fund contributions and the pension scheme. In the
said circumstances, proceedings were initiated by the EPFO and they were
served with Ext.P5 proceedings computing damages under Section 14B of the
Act. Challenging the said order, the petitioner is stated to have preferred
Exhibit P6 appeal before the Central Government Industrial Tribunal cum
Labour Court, Ernakulam. However, they have not been able to secure an
interim order as the appropriate Government has not appointed a Presiding
Officer to the Tribunal. It is on these assertions that this writ petition is filed
seeking the following reliefs:
(i) call for the records relating to Exhibits P5 Order and
quash the same by issuance of a writ of certiorari or such
other appropriate writ, direction or order;
(ii) to issue a writ of mandamus or other appropriate writ,
direction or order staying recovery of the amounts
demanded under Exts.P5 and direct the Respondents to
forbear from all coercive or other proceedings for recovery
of any disputed amounts demanded there under pending
disposal of Ext P6 Appeal before the 3rd respondent;
2. I have heard Sri.P.Benny Thomas, the learned counsel appearing
for the petitioner and Sri. Joy Thattil Ittoop, the learned Standing Counsel
appearing for the respondent.
3. It is undisputed that the petitioner has duly filed both an appeal
and a stay petition before the Tribunal. Yet, the absence of a Presiding
Officer has led to a standstill, with the applications not being taken up.
Given these circumstances, it is both reasonable and imperative to mandate
that the respondents desist from commencing any recovery proceedings
from today till for a duration of 45 days subsequent to the appointment of a
Presiding Officer at the Central Government Industrial Tribunal cum Labour
Court, Ernakulam. This would ensure fairness and maintain the status quo,
allowing the Petitioner's appeals due consideration without the imminent
threat of recovery actions.
Resultantly, this writ petition is disposed of by issuing the following
directions:
a) The respondents shall refrain from initiating any recovery
proceedings from today till for a duration of 45 days
subsequent to the appointment of a Presiding Officer at the
Central Government Industrial Tribunal cum Labour Court,
Ernakulam.
b) If Exhibit P6 application for stay is moved, as and when
the Presiding Officer takes charge, the same shall be
considered, and orders shall be passed within a week.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
Sru
APPENDIX OF WP(C) 8170/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER NO. IA(IBC)/21/KOB/2021
IN TIBA/03/KOB/2019 PASSED BY THE NCLT, KOCHI
DATED 29/ 01/2021.
Exhibit P2 TRUE COPY OF THE ORDER IN COMPANY APPEAL (AT)
(CH) (INS) NO. 268/2021 PASSED BY THE NCLAT,
CHENNAI DATED 21.06.2023.
Exhibit P3 TRUE COPY OF THE PROCEEDINGS OF CIVIL APPEAL NO
31624 OF 2023 DATED 20/11/2023, OF SUPREME
COURT OF INDIA.
Exhibit P4 TRUE COPY OF THE GOVERNMENT ORDER G
.O.(RT)NO.1339/2021 /ID DATED 08.12.2021.
Exhibit P5 TRUE COPY OF THE ORDER
NO.KR/KTM/10290/00C/RPFC/PENAL
DAMAGE/14B/2023-24 DATED 26/12/2023 AND ISSUED
ON 29.12.2023 BY THE 2ND RESPONDENT.
Exhibit P6 TRUE COPY OF THE APPEAL MEMORANDUM WITHOUT
ANNEXURES FILED BY THE PETITIONER DATED
26.02.2024.
