Kerala High Court
M/S. Janatha Tile Works Limited vs Central Board Of Trustees on 9 July, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 9TH DAY OF JULY 2024 / 18TH ASHADHA, 1946
WP(C) NO. 23370 OF 2024
PETITIONER:
M/S. JANATHA TILE WORKS LIMITED
MOONNIYUR, TIRURANGADI, MALAPPURAM DISTRICT.
REPRESENTED BY ITS CHAIRMAN,
SHRI. VISWANATHAN., PIN - 676311
BY ADV RAJESH NAIR
RESPONDENTS:
1 CENTRAL BOARD OF TRUSTEES
EMPLOYEES PROVIDENT FUND ORGANISATION,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
BHAVISHYANIDHI BHAVAN, 14,
BHIKAJI CAMA PALACE, NEW DELHI, PIN - 110066
2 THE ASSISTANT PROVIDENT FUND COMMISSIONER
KOZHIKODE, EMPLOYEES PROVIDENT FUND ORGANISATION,
BHAVISHYANIDHI BHAVAN, P.B. NO. 1806,
ERANHIPALAM P.O., KOZHIKODE, KERALA, PIN - 673006
3 THE RECOVERY OFFICER
REGIONAL OFFICE, EMPLOYEES PROVIDENT FUND
ORGANISATION, BHAVISHYANIDHI BHAVAN,
P.B. NO. 1806, ERANHIPALAM P.O.,
KOZHIKODE, KERALA-673006
4 THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM
LABOUR COURT,ERNAKULAM, HOUSING BOARD BUILDING,
PANAMPILLY NAGAR, ERNAKULAM, PIN - 682036
BY ADV ABRAHAM P. MEACHINKARA
SRI.T.C. KRISHNA, SCGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 09.07.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.23370 of 2024
2
JUDGMENT
Dated this the 9th day of July, 2024 The petitioner is a Company, which is aggrieved by Ext.P5 order of the 2nd respondent. It is an admitted position that aggrieved by Ext.P5, the petitioner has preferred Ext.P2 appeal and Ext.P3 Stay Petition before the 4th respondent-
Central Government Industrial Tribunal-cum-Labour Court.
2. As the petitioner has availed an appeal and a Stay Petition before the competent Tribunal, it would be only just and proper that the writ petition be disposed of relegating the petitioner to pursue the matter before the Tribunal.
3. I have heard the learned counsel for the petitioner and the learned Standing Counsel representing respondents 1 to 3.
In the circumstances of the case, the writ petition is disposed of directing the petitioner-Company to move the WP(C) No.23370 of 2024 3 Tribunal for any relief on Exts.P2 and P3. The benefit of the interim order dated 01.07.2024 will enure to the benefit of the petitioner till orders are passed on Ext.P3. Operation of Ext.P6 will also stand stayed till the Tribunal takes a decision on Ext.P3.
Sd/-
N.NAGARESH JUDGE spk WP(C) No.23370 of 2024 4 APPENDIX OF WP(C) 23370/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION SHOWING THE PETITIONER AS A SICK UNIT (NO. B./981/01 DATED 26-
06-2002) ISSUED BY THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, MALAPPURAM ALONG WITH TYPED COPY Exhibit P2 A TRUE COPY OF THE APPEAL (SANS ANNEXURES CONTAINED THEREIN) FILED BY THE PETITIONER UNDER SECTION 7-1 OF THE EPF AND MP ACT, 1952, BEFORE THE 4TH RESPONDENT ON 08-08-2023 WHICH IS NUMBERED AS APPEAL NO. 77 OF 2023 Exhibit P3 A TRUE COPY OF THE PETITION FOR STAY FOR STAYING THE IMPUGNED ORDER FILED ALONG WITH EXT.P2 ON 08-08-2023 BEFORE THE 4TH ' RESPONDENT Exhibit P4 A TRUE COPY OF PETITION DATED 08-08- 2023 SEEKING TO WAIVE 75% OF THE AMOUNT ORDERED IN THE IMPUGNED ORDER FILED ALONG WITH EXT.P2 Exhibit P5 A TRUE COPY OF THE ORDER (NO.
KR/KKD/628/ENF-3(3)/DAMAGES/2023/2213 DATED 08-06-2023 ISSUED ON 16-06-2023 BY THE 2"D RESPONDENT (E-COURT DIARY NO.156 / 2023) UNDER SECTION 14B OF THE EMPLOYEES PROVIDENT FUND AND MISCELLANEOUS PROVISIONS ACT, 1952 Exhibit P6 A TRUE COPY OF NOTICE OF DEMAND (NO.
KR/KKD/628/RECOVERY/2024 DATED 11-06- 2024) ISSUED BY THE OFFICE OF THE 4A' RESPONDENT