Kerala High Court
Priya Estates & Planatations Pvt. Ltd vs Assistant Provident Fund Commissioner on 2 September, 2011
Author: K. Surendra Mohan
Bench: K.Surendra Mohan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN
MONDAY, THE 4TH DAY OF JUNE 2012/14TH JYAISHTA 1934
WP(C).No. 12543 of 2012 (P)
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PETITIONER(S):
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PRIYA ESTATES & PLANATATIONS PVT. LTD.
KOCHUTHOPPIL, PARUMALA P.O., THIRUVALLA-689626
KERALA, REPRESENTED BY MANAGING DIRECTOR, R.PRIYA.
BY ADVS.SRI.K.T.SHYAMKUMAR
SRI.HARISH R. MENON
SMT.M.S.KIRAN
RESPONDENT(S):
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1. ASSISTANT PROVIDENT FUND COMMISSIONER
EMPLOYEES PROVIDENT FUND OFFICE
SUB REGIONAL OFFICE, PONNAMMA CHAMBERS
PARAMESWARA NAGAR, KOLLAM-691001, KERALA STATE.
2. EMPLOYEES PROVIDENT FUNDS APPELLATE TRIBUNAL,
NEW DELHI.
BY SRI.V.V.SURESH,SC,EPF.ORGANISATION
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 12543 of 2012 (P)
APPENDIX
PETITIONER(S) EXHIBITS
EXT.P1 TRUE COPY OF THE LETTER DATED 2/9/2011.
EXT.P2 TRUE COPY OF THE OBJECTION DATED 31/10/2011 SUBMITTED
BEFORE THE IST RESPONDENT.
EXT.P3 TRUE COPY OF THE LETTER DATED 5/12/2011 ISSUED BY THE
IST RESPONDENT.
EXT.P4 TRUE COPY OF THE ORDER PASSED BY THE RESPONDENT DATED
10/1/2011.
EXT.P5 TRUE COPY OF THE STATEMENT OF OBJECTION DATED 23/1/2012.
EXT.P6 TRUE COPY OF THE ORDER DATED 23/1/2011.
EXT.P7 TRUE COPY OF TEE APPEAL NO.ATA 306(7)/2012 ALONG WITH
APPLICATIONS FOR WAIVER OF PRIOR DEPOSITSAND FOR STAY
FILED BEFORE THE 2ND RESPONDENT.
EXT.P8 TRUE COPY OF THE ORDER DATED 20/3/2012 PASSED BY THE
2ND RESPONDENT IN APPEAL NO.ATA 306(7)2012.
RESPONDENTS' EXHIBITS ; NIL
//TRUE COPY//
P.A. TO JUDGE
dlk
K. SURENDRA MOHAN , J
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W.P.C. NO. 12543 OF 2012
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Dated this the 4th June 2012
J U D G M E N T
The limited challenge of the petitioner is against the condition stipulated in Ext.P8 order by the Employees' Provident Fund Tribunal, New Delhi. As per the said order the petitioner has been directed to deposit an amount of Rs.4.00,000/- (Rupees Four Lakhs only) within a period of four weeks of the said order as condition for the grant of an interim order of stay of recovery of the amounts demanded from the petitioner as Employees' Provident Fund contribution. According to the petitioner, during the relevant period, the estate was being managed by the Employees' Provident Fund Organization and the Official Receiver appointed by the District Court, Kollam. Therefore, it is contended that the Tribunal has not considered the peculiar circumstances in which the dues from the petitioner have not been paid.
2. Adv. Sri. V.V. Suresh who appears for the respondents opposes the contentions of the petitioner's counsel. According to him, the amount represents contributions due and payable by the petitioner. The condition imposed by the Appellate W.P.C. NO. 12543 OF 2012 2 Tribunal is only reasonable and does not call for any interference by this court.
3. Having considered the rival contentions of the parties, I am satisfied that some reduction in the amount directed to be deposited can be granted considering the fact that the petitioner was not managing the estate at the relevant time.
Accordingly, this writ petition is disposed of directing the petitioner to deposit an amount of Rs.2,00,000/- (Two Lakhs only ) as a condition for the grant of an interim order of stay of recovery of the amounts within a period of one month from today. To the above limited extent, Ext.P8 is modified.
Sd/-
K. SURENDRA MOHAN
JUDGE
/ True Copy /
NS P.A. To Judge