Allowed

The Plantation Corporation of Keralaltd v. the Asst.Provident Fund Commissioner

Kerala HC15 Sept 2008WP(C)/6639/2007

Case brief

AI extract

What is this about?

The Court permitted the petitioner to file a statutory appeal under the Employees' Provident Funds Act against an adjudication order, noting that the interest specified in the order had already been remitted. An interim order continues for four months for the Tribunal to pass appropriate orders.

What did the court decide?

The petitioner permitted to prosecute statutory appeal against the impugned order; interim order continued for four months.

The Plantation Corporation of Keralaltd Vs… — Pension and Retirement Benefits | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 15TH SEPTEMBER 2008 / 24TH BHADRA 1930

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WP(C).No. 6639 of 2007(M)

PETITIONER:

THE PLANTATION CORPORATION OF KERALA LTD REGD.OFFICE AT PLANTATION CORPORATION BUILDING, KOTTAYAM-686 004 REPRESENTED BY ITS MANAGING DIRECTOR MR.BABU THOMAS.

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BY ADV. SRI.JOSEPH KODIANTHARA SRI.MATHEWS K.UTHUPPACHAN

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RESPONDENTS:

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THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB-REGIONAL OFFICE,36/385/A, P.B.NO.1895, BHAVISHYANIDHI BHAVAN, KALOOR, KOCHI-682 017, KERALA.

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EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, 7TH FLOOR, 60,SKYLARK BUILDING, NEHRU PLACE, NEW DELHI - 110 019.

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MINISTRY OF LABOUR, GOVERNMENT OF INDIA, SRAM SHAKTI BHAVAN, NEW DELHI - 110 001.

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BY ADV. SRI.S.GOPAKUMARAN NAIR, SC, P.F.

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SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R3

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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APPENDIX

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EXHIBITS

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EXT.P1-	TRUE COPY OF THE ORDER NO.KR/KC/2631/PD/B/T(2)/2007/15084 DATED 18.1.07 ISSUED BY THE FIRST RESPONDENT
EXT.P2-	TRUE COPY OF HTE APPEAL DATED 16.2.07 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT
EXT.P3-	TRUE COPY OF THE ORDER NO.KR/KC/2631/DAMAGES CELL/7Q/T (2)/2007/15084 DATED 18.1.07 ISSUED BY THE 1ST RESPONDENT
EXT.P4-	TRUE COPY OF THE PETITION DATED 16.2.07 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT
EXT.P5-	TRUE COPY OF THE ORDER DATED 13.2.07 ISSUED BY THE 1ST RESPONDENT
EXT.P6(a)-	TRUE COPY OF ORDER DATED 11.10.2006 IN W.P.(C).26705/06 OF THIS HONOURABLE COURT
EXT.P6(b)-	TRUE COPY OF ORDER DATED 20.11.06 IN W.P.(C).26705/06 OF THIS HONOURABLE COURT

(TRUE COPY)

P.A TO JUDGE

V.GIRI, J

W.P.(C).6639/2007

Dated this the 15^th day of September, 2008

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JUDGMENT

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Heard learned counsel for the petitioner and learned counsel appearing for the Provident Fund Commissioner.

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Counsel for the petitioner submits that challenging Ext.P1 order, an appeal has been preferred before the Tribunal under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. It is further pointed out by him that the entire amount of interest pursuant to Ext.P1 has been remitted by the petitioner under the Act. In the circumstances, writ petition is disposed of permitting the petitioner to prosecute the statutory appeal against Ext.P1 order. The interim order already passed by this Court on 1.3.2007 shall continue to be operative for a further period of four months from today within which period, it is open to the petitioner to move the Tribunal for appropriate orders.

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V.GIRI, Judge

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mrcs

The Plantation Corporation of Keralaltd v. the Asst.Provident Fund Commissioner

Case brief

What is this about?

What did the court decide?

The Plantation Corporation of Keralaltd v. the Asst.Provident Fund Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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