Kerala High Court
M/S.Young Men’S Christian ... vs The Assistant Provident Fund ... on 7 November, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:82882
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 7TH DAY OF NOVEMBER 2024/16TH KARTHIKA, 1946
WP(C) NO. 39280 OF 2024
PETITIONER:
M/S.YOUNG MEN'S CHRISTIAN ASSOCIATION
CHINNAKADA, KOLLAM, KOLLAM DISTRICT,
REPRESENTED BY ITS ASSISTANT SECRETARY,
SYAM J., AGED 34 YEARS, S/O. JAYACHANDRAN,
GRACE HOME, BHOOTHAKULAM P.O.,
KOLLAM DISTRICT., PIN - 691 001.
BY ADV
K.RAKESH
RESPONDENTS:
1 THE ASSISTANT PROVIDENT FUND COMMISSIONER
EMPLOYEES PROVIDENT FUND ORGANIZATION (EPFO),
SUB REGIONAL OFFICE, PONNAMMA CHAMBERS-I,
PARAMESWAR NAGAR, KOLLAM, PIN - 691 001.
2 THE RECOVERY OFFICER
EMPLOYEES PROVIDENT FUND ORGANIZATION (EPFO),
REGIONAL OFFICE, KOLLAM, PIN - 691 001.
3 CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL
HOUSING BOARD BUILDING, PANAMPILLY NAGAR, COCHIN,
REPRESENTED BY ITS PRESIDING OFFICER,
PIN - 682 036.
BY ADVS.
PIRAPPANCODE V.S.SUDHEER V.S
AKASH S.(K/980/2008)
GIRISH KUMAR M S(K/001593/2018)
SRIVIDYA K(K/001476/2018)
RICHU THERESA ROBERT(K/002427/2021)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:82882
WP(C) No.39280 of 2024
:2:
JUDGMENT
Dated this the 7th day of November, 2024
The petitioner is a registered Youth Organization
constituted as per Travancore Cochin Literary Scientific and
Charitable Societies Act, 1955 covered under the provisions
of the Employees Provident Fund and Miscellaneous
Provisions Act, 1952 and the Schemes framed thereunder.
2. Proceedings were initiated by the
Employees' Provident Fund Organisation and they were
served with Ext.P1 proceedings computing damages under
Section 7Q of the Employees Provident Fund and
Miscellaneous Provisions Act, 1952. Challenging the said
order, the petitioner is stated to have preferred Ext.P2 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.
2024:KER:82882
3. It is on these assertions that this writ petition
is filed seeking the following reliefs:
(i) Issue a writ of mandamus or any other
appropriate writs, orders of directions directing the 1 st
and 2nd respondents not to enforce Ext.P1 order until
the interim application filed along with Ext.P2 appeal
is considered by the 3rd respondent;
(ii) Issue a writ of mandamus or any other
appropriate writs, orders of directions directing the 2nd
respondent to withdraw the attachment over the bank
account of the petitioner forthwith.
(iii) Issue a writ of mandamus or any other
appropriate writs, orders of directions directing the 3rd
respondent to consider and pass appropriate orders
on stay petition filed along with Ext.P2 within a week
from the date on which the presiding officer the 3 rd
respondent takes charge;
4. I have heard the learned counsel for the
petitioner, the learned Standing Counsel representing
respondents 1 and 2 and the learned Senior Panel Counsel
in-Charge of the Deputy Solicitor General of India
representing the 3rd respondent.
5. It is not disputed 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,
2024:KER:82882
and the applications are not being taken up. In the
circumstances, it is both reasonable and imperative to
mandate that the respondents desist from commencing any
recovery proceedings from the date of order until 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, ensuring due consideration of the petitioner's
appeals, without the imminent threat of recovery actions.
6. Resultantly, this writ petition is disposed of
with the following directions:
(a) Respondents 1 and 2 shall refrain
from initiating any recovery proceedings
from today until 45 days subsequent to the
appointment of a Presiding Officer at the
Central Government Industrial Tribunal
cum Labour Court, Ernakulam.
2024:KER:82882
(b) If Ext.P2 application for stay is moved,
as and when the Presiding Officer takes
charge, the same shall be considered and
orders shall be passed within two weeks.
Sd/-
N.NAGARESH
JUDGE
AMR
2024:KER:82882
APPENDIX OF WP(C) 39280/2024
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE ORDER DATED 31-05-
2024 PASSED BY THE 1ST RESPONDENT AS
AGAINST THE PETITIONER.
Exhibit P2 A TRUE COPY OF THE APPEAL WITH WAIVER
PETITION AND STAY PETITION FILED BY
THE PETITIONER AS AGAINST EXHIBIT P1
ORDER.
Exhibit P3 A TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN W.P(C).NO.37797/2024
DATED 28-10-2024.
