Kerala High Court
The Fertilizers And Chemicals ... vs State Of Kerala on 4 October, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
WP(C) No.11559/2023 1/4 Order Date : 04-10-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Friday, the 4th day of October 2024 / 12th Aswina, 1946
WP(C) NO. 11559 OF 2023
PETITIONER:
THE FERTILIZERS AND CHEMICALS TRAVANCORE LTD., REPRESENTED BY ITS
CHAIRMAN AND MANAGING DIRECTOR THROUGH HIS CONSTITUTED ATTORNEY,
MR.DILIP MOHAN, DEPUTY GENERAL MANAGER (HUMAN RESOURCES), THE
FERTILISERS AND CHEMICALS TRAVANCORE LTD., ELOOR, UDYOGAMANDAL,
KOCHI, KERALA, PIN - 683501
RESPONDENT:
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, LABOUR
& SKILLS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001, KERALA.
2. REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND
ORGANISATION, BHAVISYA NIDHI BHAWAN, KALOOR KOCHI-682017, KERALA
3. EMPLOYEES' PROVIDENT FUND ORGANIZATION, REPRESENTED BY ACC
(EXEMPTION) BHAVISHYANIDHI BHAVAN, 14 BHIKAJI CAMA PLACE, NEW
DELHI-110066, PIN-110066
4. CENTRAL BOARD OF TRUSTEES, EMPLOYEES PROVIDENT FUND ORGANISATION,
BHAVISHYANIDHI BHAVAN, 14, BHIKAJI CAMA PLACE NEW DELHI-110066
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 the effect and operation of Exhibit P10 notification dated
04.08.2022 and Exhibit P15 order dated 20.03.2023 issued by the 1st
respondent, pending disposal of the above Writ Petition (Civil).
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
06-08-2024 and upon hearing the arguments of M/S. JAI MOHAN,
M.GOPIKRISHNAN NAMBIAR, K.JOHN MATHAI, JOSON MANAVALAN, KURYAN THOMAS,
RAJA KANNAN & PAULOSE C. ABRAHAM, Advocates for the petitioner, GOVERNMENT
PLEADER for R1 and of SRI. THOMAS MATHEW NELLIMOOTTIL, Advocate for R2 to
R4, the court passed the following:
WP(C) No.11559/2023 2/4 Order Date : 04-10-2024
N.NAGARESH, J.
----------------------
W.P.(C) No.11559 of 2023
------------------------------
Dated this the 4th day of October, 2024
ORDER
Post on 06.11.2024.
Interim order is extended till then.
Sd/-
N.NAGARESH
JUDGE
spk
WP(C) No.11559/2023 3/4 Order Date : 04-10-2024
APPENDIX OF WP(C) 11559/2023
Exhibit P1 TRUE COPY OF THE DEED OF TRUST EXECUTED ON 18.07.1951.
Exhibit P2 TRUE COPY OF THE NOTIFICATION G.O.(MS) NO.65/2007/LBR
DATED 28.05.2007 ISSUED BY THE GOVT. OF KERALA.
Exhibit P3 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 08.06.2018
ISSUED BY THE 2ND RESPONDENT RPFC TO THE MANAGING
DIRECTOR OF THE PETITIONER COMPANY.
Exhibit P4 TRUE COPY OF THE REPLY DATED 12.06.2018 SUBMITTED BY
THE GENERAL MANAGER - UC & CHAIRMAN, FACT EMPLOYEES
PROVIDENT FUND, UDYOGMANDAL TO THE 2ND RESPONDENT
RPFC.
Exhibit P5 TRUE COPY OF THE LETTER DATED 08.08.2018 SENT BY THE
PETITIONER TO THE 2ND RESPONDENT RPFC WITHOUT
ENCLOSURES.
Exhibit P6 TRUE COPY OF THE STATEMENT OF PROFIT AND LOSS OF THE
PETITIONER COMPANY FOR THE YEAR ENDING 31.03.2019.
Exhibit P6(a) TRUE COPY OF THE STATEMENT OF PROFIT AND LOSS OF THE
PETITIONER COMPANY FOR THE YEAR ENDING 31.03.2020.
Exhibit P6(b) TRUE COPY OF THE STATEMENT OF PROFIT AND LOSS OF THE
PETITIONER COMPANY FOR THE YEAR ENDING 31.03.2021.
Exhibit P6(c) TRUE COPY OF THE STATEMENT OF PROFIT AND LOSS OF THE
PETITIONER COMPANY FOR THE YEAR ENDING 31.03.2022.
Exhibit P7 TRUE COPY OF THE NOTICE ISSUED BY THE DISTRICT LABOUR
OFFICER, ERNAKULAM DATED 25.11.2021 ALONG WITH ITS
ENGLISH TRANSLATION.
Exhibit P7(a) TRUE COPY OF THE NOTICE ISSUED BY THE DISTRICT LABOUR
OFFICER, ERNAKULAM DATED 04.12.2021 ALONG WITH ITS
ENGLISH TRANSLATION.
Exhibit P8 TRUE COPY OF THE LETTER DATED 28.06.2021 SENT BY ACC
(EXEMPTION), EPFO TO THE ADDITIONAL CHIEF SECRETARY,
DEPARTMENT OF LABOUR & SKILL, GOVT. OF KERALA WITHOUT
ENCLOSURES.
Exhibit P9 TRUE COPY OF THE LETTER DATED 15.12.2021 ISSUED BY THE
PETITIONER COMPANY TO THE DISTRICT LABOUR OFFICER,
ERNAKULAM.
Exhibit P10 TRUE COPY OF THE NOTIFICATION DATED 04.08.2022 ISSUED
BY THE LABOUR AND SKILLS DEPARTMENT, GOVT. OF KERALA.
Exhibit P10(a) TRUE COPY OF THE ORDER DATED 02.09.2022 IN WRIT
PETITION (CIVIL) NO. 28777 OF 2022.
Exhibit P11 TRUE COPY OF THE LETTER DATED 31.08.2022 ISSUED BY THE
PETITIONER COMPANY TO THE 1ST RESPONDENT, WITHOUT
ENCLOSURES.
Exhibit P12 TRUE COPY OF THE LETTER DATED 31.08.2022 ISSUED BY THE
PETITIONER COMPANY TO THE CENTRAL PROVIDENT
COMMISSIONER WITHOUT ENCLOSURES.
Exhibit P13 TRUE COPY OF THE JUDGMENT DATED 24.11.2022 IN WRIT
PETITION (CIVIL) NO. 28777 OF 2022.
Exhibit P14 TRUE COPY OF THE COMMUNICATION DATED 24.03.2023 ISSUED
BY THE 2ND RESPONDENT TO THE PETITIONER.
Exhibit P15 TRUE COPY OF THE ORDER DATED 20.03.2023 ISSUED BY THE
1ST RESPONDENT GOVT. OF KERALA BEARING REF. NO. GO
(RT.) NO. 354/2023/LBR.
WP(C) No.11559/2023 4/4 Order Date : 04-10-2024
Exhibit P16 TRUE COPY OF THE COMMUNICATION DATED 27.03.2023 ISSUED
BY THE 2ND RESPONDENT TO THE PETITIONER.
Exhibit R1(a) True copy of recommendation submitted by the
ACC(exemption) EPFO
Exhibit R1(b) True copy of the report No.KR/KC/FACT-165/Exempted Seat
/2022 dated 04.1.2023 of the Regional PF Commissioner
(I),Kochi
