Kerala High Court
The Kerala Electrical & Allied ... vs Assistant Provident Fund ... on 8 June, 2016
Author: K. Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
TUESDAY, THE 9TH DAY OF AUGUST 2016/18TH SRAVANA, 1938
WP(C).No. 23837 of 2016 (D)
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PETITIONER:
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THE KERALA ELECTRICAL & ALLIED ENGINEERING CO.LTD,
MAMALA.P.O,KOCHI-682305,
REPRESENTED BY ITS MANAGER(F&A)SMT.T.K.SEETHA.
BY ADVS.SRI.M.GOPIKRISHNAN NAMBIAR
SRI.P.GOPINATH
SRI.P.BENNY THOMAS
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
RESPONDENT:
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ASSISTANT PROVIDENT FUND COMMISSIONER-II,
EMPLOYEES PROVIDENT FUND ORGANISATION,
SUB REGIONAL OFFICE,BHAVISHYA NIDHI BHAVAN,KALOOR,
KOCHI-682017.
R1 BY ADV. DR.S.GOPAKUMARAN NAIR (SR.)
R1 BY ADV. SRI.S.PRASANTH, SC,
EMPLOYEES PROVIDENT FUND ORGANISATION
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09-08-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 23837 of 2016 (D)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 TRUE COPY OF THE PROFIT AND LOSS ACCOUNT OF THE
COMPANY FOR THE PERIOD 1998-99
EXHIBIT P2 TRUE COPY OF THE PROFIT AND LOSS ACCOUNT OF THE
COMPANY FOR THE PERIOD 1999-2000
EXHIBIT P3 TRUE COPY OF THE PROFIT AND LOSS ACCOUNT OF THE
COMPANY FOR THE PERIOD 2000-2001
EXHIBIT P4 TRUE COPY OF THE PROFIT AND LOSS ACCOUNT OF THE
COMPANY FOR THE PERIOD 2001-2002
EXHIBIT P5 TRUE COPY OF THE PROFIT AND LOSS ACCOUNT OF THE
COMPANY FOR THE PERIOD 2002-2003
EXHIBIT P6 TRUE COPY OF THE PROFIT AND LOSS ACCOUNT OF THE
COMPANY FOR THE PERIOD 2003-2004
EXHIBIT P7 TRUE COPY OF THE PROFIT AND LOSS ACCOUNT OF THE
COMPANY FOR THE PERIOD 2004-2005
EXHIBIT P8 TRUE COPY OF THE PROFIT AND LOSS ACCOUNT OF THE
COMPANY FOR THE PERIOD 2005-2006
EXHIBIT P9 TRUE COPY OF THE PROFIT AND LOSS ACCOUNT OF THE
COMPANY FOR THE PERIOD 2006-2007`
EXHIBIT P10 TRUE COPY OF THE PROFIT AND LOSS ACCOUNT OF THE
COMPANY FOR THE PERIOD 2007-2008
EXHIBIT P11 TRUE COPY OF THE PROFIT AND LOSS ACCOUNT OF THE
COMPANY FOR THE PERIOD 2008-2009
EXHIBIT P12 TRUE COPY OF THE PROFIT AND LOSS ACCOUNT OF THE
COMPANY FOR THE PERIOD 2009-2010
EXHIBIT P13 TRUE COPY OF THE PROFIT AND LOSS ACCOUNT OF THE
COMPANY FOR THE PERIOD 2010-2011
EXHIBIT P14 TRUE COPY OF THE PROFIT AND LOSS ACCOUNT OF THE
COMPANY FOR THE PERIOD 2011-2012
EXHIBIT P15 TRUE COPY OF THE PROFIT AND LOSS ACCOUNT OF THE
COMPANY FOR THE PERIOD 2012-2013
EXHIBIT P16 TRUE COPY OF THE ORDER DATED 08.06.2016 ISSUED BY THE
RESPONDENT TO THE PETITIONER.
//TRUE COPY//
P.A.TO JUDGE
JJJ
K. VINOD CHANDRAN, J.
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W.P.(C) No. 23837 of 2016 (D)
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Dated: 9th August, 2016
J U D G M E N T
The petitioner is aggrieved with Ext.P16 order under Section 7Q of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (for brevity, 'EPF & MP Act'). The default is admitted and petitioner seeks for breathing time to pay off the dues in instalments.
2. Learned Standing Counsel for the Employees Fund Organisation, however, would rely on the decision in M/s. Arcot Textile Mills Ltd. v. Regional Provident Fund Commissioner and others - AIR 2014 295, wherein the provision under Section 7Q has been interpreted and the Hon'ble Supreme Court found that the delay in payment would automatically attract W.P.(C) No. 23837/2016 -2- Section 7Q and that there is also no provision for appeal which indicates that the levy is automatic.
3. Considering the facts of the case, the following directions are issued:
(i) The petitioner shall produce the certified copy of this judgment before the respondent within two weeks of receipt of the same.
(ii) The respondent shall grant 16 equal monthly instalments for the payment of the balance dues, starting from 09.09.2016 and continued on the 9th of the succeeding months.
(iii) The recovery proceedings shall be kept in abeyance on condition that the remittances as per this order are made without any default.
(iv) On the petitioner making two consecutive defaults, the recovery steps initiated shall revive and continue.
(v) On the petitioner satisfying the entire arrears, the recovery proceedings shall be unenforceable.
W.P.(C) No. 23837/2016 -3-
4. The learned Standing Counsel for the respondent submits that there is a huge amount due under Section 14B damages also. The petitioner has not challenged the same before this Court and is resorting to appellate remedy. In that circumstance, it is made clear that this Court has not dealt with the issue of Section14B damages in the writ petition at all.
The writ petition is disposed of, making it clear that the respondent will be free to proceed with recovery if the above conditions are not complied with.
Sd/-
K.VINOD CHANDRAN, JUDGE jjj 9/8/16