Kerala High Court
M/S United Plywoods Limited vs The Regional Provident Fund ... on 25 September, 2025
Author: K. Babu
Bench: K. Babu
2025:KER:71792
W.P.(C)No.35401 of 2025
1
aIN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
THURSDAY, THE 25TH DAY OF SEPTEMBER 2025 / 3RD ASWINA, 1947
WP(C) NO. 35401 OF 2025
PETITIONER:
M/S UNITED PLYWOODS LIMITED,
REP BY ITS MANAGING DIRECTOR,
SRI ALIYAR AP WEST CHALAKUDY,
CHALAKUDY.P.O. THRISSUR,
PIN - 680307
BY ADVS.
SRI.M.P.ASHOK KUMAR
SMT.BINDU SREEDHAR
SHRI.ASIF N
RESPONDENTS:
1 THE REGIONAL PROVIDENT FUND COMMISSIONER &
RECOVERY OFFICER,
EMPLOYEES PROVIDENT FUND ORGANISATION,
REGIONAL OFFICE, KALOOR ,
KOCHI , PIN - 682017
2 THE REGIONAL PROVIDENT FUND COMMISSIONER,
THE EMPLOYEES PROVIDENT FUND ORGANIZATION,
(MINISTRY OF LABOUR, GOVT.OF INDIA) DELMA
COMPLEX, EPFO, 11TH FLOOR, SHORNUR ROAD,
ROUND NORTH,THRISSUR-, PIN - 680001
3 STATE BANK OF INDIA,
REP BY IT'S MANAGER CHALAKKUDY BRANCH PBNO14,
KALLELI ESTATE, NEAR SOUTH JUNCTION
CHALAKUDY.P.O. THRISSUR -, PIN - 680307
2025:KER:71792
W.P.(C)No.35401 of 2025
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BY ADVS.
SRI.THOMAS NELLIMMOTTIL FOR EPFO
SRI. P. GOPAL FOR R3
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.09.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:71792
W.P.(C)No.35401 of 2025
3
K.BABU, J.
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W.P.(C) No.35401 of 2025
---------------------------------------------
Dated this the 25th day of September, 2025
JUDGMENT
The prayers in this Writ Petition filed under Article 226
of the Constitution of India are as follows:-
"i. Issue a writ of certiorari or other appropriate writ,
order or direction quashing the Exhibit P5 prohibitory
order issued by the 2nd Respondent to the 3rd
respondent Bank ,freezing the bank account as statutory
appeal No 124 /2024 challenging damages is pending
before the Central Government Industrial Tribunal
Ernakulam.
ii. Issue a writ of Mandamus or any appropriate writ or
direction, directing the 1st respondent to receive the
defaulted amount of interest portion of Rs. 7,37,700/- in
reasonable instalments.
iii. Issue a writ of Mandamus or any appropriate writ or
direction lifting the prohibitory order and allowing the
petitioner to operate its bank account with the 3rd
Respondent Bank, subject to any conditions this Hon'ble
Court may deem fit, in order to facilitate the continuance
of legitimate business operations and to avoid undue
hardship during the pendency of the appeal
iv. Dispense with producing English translation of
documents in vernacular languages.
v. Pass such other orders as this Hon'ble Court may
deem fit to grant in the circumstances of the case. "
2. Heard both sides.
3. The learned counsel for the petitioner submitted
that the petitioner is prepared to pay the defaulted amount
2025:KER:71792
of interest under Section 7Q of the Employees Provident
Fund Act, 1952 (for short 'the Act'). The learned counsel for
the petitioner prayed for permitting the petitioner to remit
the interest amount in ten equal monthly instalments.
4. The learned Standing Counsel for the EPFO,
opposed the relief sought for. The learned Standing Counsel
submitted that, at the most, the number of instalments, if
granted, may be limited to three.
5. Having regard to the submissions, the Writ
Petition is disposed of with the following directions:-
(i) The petitioner is permitted to remit the
defaulted amount of interest Under Section 7Q
of the Act in seven equal monthly instalments.
(ii) The first instalment shall be paid on or
before 26.11.2025 and the subsequent
instalments shall be paid on or before the first
working day of every succeeding month.
(iii) In the event of default of any one
instalment as directed above, the Competent
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Authority shall be entitled to proceed against
the petitioner for realisation of the amount
due.
(iv) The operation of Ext.P5 order shall stand
stayed for facilitating the petitioner to repay
the amount as stated above.
(v) It is made clear that, if the petitioner
commits any default in paying the amount as
directed above, Ext.P5 would stand revived.
Sd/-
K.BABU
JUDGE
VPK
2025:KER:71792
APPENDIX OF WP(C) 35401/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF ORDER NO KR/KCH/672/PENAL
DAMAGES/2024025/6136 DT 12/07/2024
ISSUED BY THE 1ST RESPONDENT
Exhibit P2 TRUE COPY OF THE NOTICE OF APPEAL DT
07/03/2025 ISSUED FROM CGIT , ERNAKULAM
Exhibit P3 TRUE COPY OF DEMAND NOTICE NO
KR/KCH/672/RECOVERY/2025-2026/97 DT
18.06.2025 ISSUED BY THE 2ND RESPONDENT
Exhibit P4 TRUE COPY OF REPLY DT 11.08.2025 SENT BY
PETITIONER TO 1ST RESPONDENT ALONG WITH
LEGIBLE TYPED COPY
Exhibit P5 TRUE COPY OF UNDATED PROHIBITORY ORDER
NO KR/KCH/672/RECOVERY/2025-2026 ISSUED
BY THE 2ND RESPONDENT TO 3RD RESPONDENT
ALONG WITH LEGIBLE TYPED COPY
