Kerala High Court
The Kerala Electrical & Allied ... vs Assistant Provident Fund Commissioner on 1 March, 2023
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
WP(C) No.7014/2023 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Wednesday, the 1st day of March 2023 / 10th Phalguna, 1944
WP(C) NO. 7014 OF 2023
PETITIONER:
THE KERALA ELECTRICAL & ALLIED ENGINEERING CO.LTD. AGED 54
YEARS,MAMALA,KOCHI,PIN - 682305 REPRESENTED BY ITS GENERAL MANGER
(P&A) MR. MANOJ N.K.
RESPONDENTS:
1. ASSISTANT PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND
ORGANIZATION SUB REGIONAL OFFICE, KOCHI , PIN - 682017
2. CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, HOUSING
BOARD BUILDING, PANAMPALLY NAGAR,COCHIN,PIN - 682016. REPRESENTED BY
ITS PRESIDING OFFICER,
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 for the above and other grounds to be urged at the time of
hearing, it is humbly prayed that this hon'ble court be pleased to stay
the operation and implementation of Ext.P16 and P17 orders and all further
proceeding pursuant there to, pending disposal of the Writ Petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.BENNY P.THOMAS, SC, D.PREM KAMATH, TOM THOMAS (KAKKUZHIYIL), ABEL TOM
BENNY, KURIAN OOMMEN THERAKATH & K.S.MUHAMMED SHEFIN, Advocates for the
petitioner and of SHRI. S.PRASANTH, Advocate for R1, the court passed the
following:
WP(C) No.7014/2023 2/4
RAJA VIJAYARAGHAVAN V, J.
-------------------------------------
W.P.(C). No. 7014 of 2023
-------------------------------------------
Dated this the 1st day of March, 2023
ORDER
Sri. S. Prasanth, the learned counsel takes notice for the 1st respondent. Notice to the 2nd respondent is dispensed with.
Sri. Prem Kamath, the learned counsel appearing for the petitioner, submits that the petitioner herein is a Government of Kerala undertaking and relying on Exts.P1 to P15, it is submitted that the company has been in financial doldrums for more than 20 years. It is submitted that reckoning these aspects, the Tribunal has reduced the damages to 70% of the determined amount. The learned counsel would also refer to Ext.P18 judgment of a learned Single Judge in an identical matter involving the petitioner, and it is argued that the damages was reduced to 25%. The learned counsel requests that the principles laid down may be followed.
In response, Sri. Prasanth, the learned Standing Counsel for the 1st respondent would refer to the judgment of the Apex Court in Horticulture Experiment Station Gonikoppal, Coorg v Regional Provident Fund WP(C) No.7014/2023 3/4 W.P.(C) No.7014 of 2023 2 Organization [2022 (4) SCC 516], and it is argued that any delay or default in payment of EPF contribution by the employer is a sine qua non and sufficient for imposition of damages under Section 14 B and that mens rea or actus reus is not essential for imposing penalty/damages. It is submitted that once the default is committed, damages, as well as interest, is automatic.
The learned Standing Counsel seeks an adjournment by a week to get instructions from the 1st respondent.
Having regard to the issues projected, as an interim measure, the implementation of Exts.P16 & 17 orders shall be kept in abeyance for a period of 10 days.
Sd/-
RAJA VIJAYARAGHAVAN V, JUDGE IAP WP(C) No.7014/2023 4/4 APPENDIX OF WP(C) 7014/2023 Exhibit P16 TRUE COPY OF THE ORDER DATED 08.06.2016 ISSUED BY THE 1ST RESPONDENT Exhibit P17 TRUE COPY OF THE ORDER DATED 17.03.2020 IN APPEAL NO.
53 /2018 (OLD NO.A/KL-34/2016) ISSUED BY THE 2ND RESPONDENT.