Kerala High Court
M/S. Janatha Tile Works Limited vs Central Board Of Trustees on 1 July, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
WP(C) No.23370/2024 1/2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
Monday, the 1st day of July 2024 / 10th Ashadha, 1946
WP(C) NO. 23370 OF 2024 (U)
PETITIONER:
M/S. JANATHA TILE WORKS LIMITED, MOONNIYUR, TIRURANGADI, MALAPPURAM
DISTRICT. REPRESENTED BY ITS CHAIRMAN, SHRI. VISWANATHAN., PIN -
676311
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, PIN - 673006
4. THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT,
ERNAKULAM, HOUSING BOARD BUILDING, PANAMPILLY NAGAR, ERNAKULAM, PIN
- 682036
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 proceedings in Ext. P5 and P6 including the coercive
action and recovery proceedings against the Petitioner pending disposal of
this Writ Petition (C).
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI.RAJESH NAIR Advocate for the petitioner and of SRI.SAJEEV KUMAR GOPAL
for R1 to R3 (By Order), the court passed the following:
ORDER
Sri.Sajeev Kumar Gopal for R1 to R3 seeks time.
Notice to R4 is dispensed with.
List on 09/07/2024; until which time, if Ext.P2 appeal is still pending, then further coercive action on Exts.P5 and P6 against the petitioner will stand deferred.
Sd/- DEVAN RAMACHANDRAN, JUDGE 01-07-2024 /True Copy/ Assistant Registrar WP(C) No.23370/2024 2/2 APPENDIX OF WP(C) 23370/2024 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 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