Kerala High Court
Kerala State Cashew Development ... vs The Regional Provident Fund ... on 5 November, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:82067
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 5TH DAY OF NOVEMBER 2024 / 14TH KARTHIKA, 1946
WP(C) NO. 38363 OF 2024
PETITIONER:
KERALA STATE CASHEW DEVELOPMENT CORPORATION
LTD,
REP. BY ITS MANAGING DIRECTOR
CASHEW HOUSE, P.B. NO. 13,
MUNDAKKAL, KOLLAM, PIN - 691001
BY ADVS.
SRI.VIPIN P.VARGHESE, SC.
ADARSH MATHEW
ANIRUDH G. KAMATH
AGUSTHO NORBERT
ANNA B.
RESPONDENT:
THE REGIONAL PROVIDENT FUND COMMISSIONER- II,
KOCHI
EMPLOYEES PROVIDENT FUND ORGANISATION,
REGIONAL OFFICE, BHAVISHYANIDHI BHAWAN,
KALOOR, KOCHI, PIN - 682017
SRI.THOMAS MATHEW NELLIMOOTIL,SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) NO.38363 OF 2024
2
JUDGMENT
Dated this the 5th day of November, 2024
The petitioner is a Corporate Entity fully owned by
Government of Kerala and operates 30 cashew factories
across the State. The respondent is an authorized officer of
the Employee's Provident Fund Organisation with the
authority to impose damage under Section 14B of the
Employee's Provident Funds and Miscellaneous Provisions
Act, 1952 (hereinafter referred to as 'the Act')
2. The writ petition challenges the demand of
₹14,64,553/- as damages under Section 14B of the Act for
Factory No.24, Karimulackal, Alappuzha. This damage
pertains to delayed payments for the remittance period from
01.09.2024 to 30.06.2023. The impugned order bearing
No.KR /KCH /1151 /Damages / Proceedings / 2024-2025 /
3077, was issued on 31.05.2024. The petitioner attributes
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WP(C) NO.38363 OF 2024
the delay in remittances to severe financial constraints and
not intentional default.
3. Furthermore, the petitioner had approached the
Central Government Industrial Tribunal, Ernakulam in
Appeal No.86/2024, seeking a stay of recovery proceedings
under Section 14B of the Act. However, the Tribunal has
been non-functional due to the absence of Presiding Officer.
In similar circumstances, this Court through judgments in
W.P.(C) Nos.14283 of 2024 and 13328 of 2024, stayed
coercive actions until the Central Government Industrial
Tribunal, Ernakulam could consider the pending Appeals.
The petitioner seeks similar relief in this writ petition to avoid
adverse consequences.
4. I have heard the learned counsel for the petitioner
and the learned Standing Counsel representing the
respondent.
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WP(C) NO.38363 OF 2024
5. Standing Counsel submitted that since the
petitioner has an effective alternative remedy by way of
Appeal and since the petitioner has already approached the
Appellate Authority, it would not be proper for this Court to
entertain the writ petition at this stage. The writ petition is
liable to be dismissed, contends the Standing Counsel.
6. The petitioner is aggrieved by the damages
imposed on the Provident Fund dues payable by the
petitioner. The petitioner states that the petitioner has
preferred an Appeal before the Central Government Industrial
Tribunal, Ernakulam with an interim prayer to stay the
recovery of damages initiated as per Ext.P6. The Appeal is
numbered as Appeal No.86/2024. Due to the lack of Presiding
Officer from the date of filing the Appeal, the matter is yet not
admitted or heard.
7. Considering the fact that the petitioner has invoked
its statutory remedy, it would be only appropriate that the
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WP(C) NO.38363 OF 2024
Appellate Authority considers the grievance of the petitioner at
the first instance.
The writ petition is accordingly disposed of directing the
Central Government Industrial Tribunal, Ernakulam to
consider and dispose of Appeal No.86/2024 as also the
interim stay application prayed for therein as expeditiously
as possible. Till the Central Government Industrial Tribunal,
Ernakulam takes a decision on the interim stay application or
in the Appeal, coercive proceedings against the petitioner
shall stand deferred.
Sd/-
N.NAGARESH
JUDGE
hmh
2024:KER:82067
WP(C) NO.38363 OF 2024
APPENDIX OF WP(C) 38363/2024
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPY OF THE PROFIT AND LOSS
STATEMENTS OF THE YEAR 2017-18
Exhibit P2 THE TRUE COPY OF THE PROFIT AND LOSS
STATEMENT OF THE YEAR 2018-2019
Exhibit P3 THE TRUE COPY OF THE STATEMENT OF
PROFIT AND LOSS OF THE YEAR 2019-2020
Exhibit P4 THE TRUE COPY OF THE STATEMENT OF
PROFIT AND LOSS SHOWING THE LOSS
SUFFERED FOR THE YEAR 2020-2021
Exhibit P5 THE TRUE COPY OF THE STATEMENT OF
PROFIT AND LOSS SHOWING THE LOSS
SUFFERED FOR THE YEAR 2021- 2022
Exhibit P6 THE TRUE COPY OF THE RESPONDENT'S
ORDER NOKR/KCH/1151 /DAMAGES
/PROCEEDINGS /2024-2025 /3077 DATED
31.05.2024
Exhibit P7 THE TRUE COPY OF THE JUDGMENT
DATED03.06.2024 IN WP (C) 14283 OF
Exhibit P8 THE TRUE COPY OF THE JUDGMENT DATED
04.06.2024 IN WP(C)13328 OF 2024
Exhibit P9 THE TRUE COPY OF THE JUDGMENT DATED
03.11.2023 IN WP(C) NO.14965/2023
