Dismissed

M/S.Kerala Spinners Ltd. v. Regional P.F.Commissioner

Kerala HC24 Nov 2011WP(C)/14332/2005

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed the writ petition challenging a recovery notice issued by the Provident Fund Commission. The court found no merit in the petition, noting no evidence that the factory takeover by the State Government absolved the liability, though it was open for the respondents to recover the amount from the Government if advised.

What the court decided

AI extract

M/S.Kerala Spinners Ltd. Vs Regional… — Pension and Retirement Benefits | Kerala HC (2011)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE B.P.RAY

¶4

THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933

¶5

WP(C).No. 14332 of 2005(F)

¶6

-----------------------------------------

¶7

PETITIONER(S):

¶8

------------------------

¶9

M/S. KERALA SPINNERS LTD., NORTH ARYAD P.O., KOMALAPURAM, ALAPPUZHA 688 542.

¶10

BY ADVS. SRI.K.ANAND, SMT.LATHA KRISHNAN.

¶11

RESPONDENT(S):

¶12

--------------------------

¶13

1. THE REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES' PROVIDENT FUND ORGANIZATION, SUB-REGIONAL OFFICE, KOCHI-682 017.

¶14

2. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, KOCHI-682 017.

¶15

R1 & R2 BY ADV. SRI.S.GOPAKUMARAN NAIR, SC, P.F.

¶16

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶17

Kss

¶18

WPC.NO.14332/2005 F

¶19

APPENDIX

¶20

PETITIONER'S EXHIBITS:

¶21

P1: COPY OF THE ORDER PASSED BY THE ASSISTANT PROVIDENT FUND COMMISSIONER ON 23/06/2003 U/S 7A OF THE EPF & MP ACT.

¶22

P2: COPY OF THE REVIEW APPLICATION FILED BY THE PETITIONER ON 29/08/2003 BEFORE THE ASSISTANT PROVIDENT FUND COMMISSIONER.

¶23

P3: COPY OF THE RECOVERY NOTICE NO.KR/KC/3044/RECOVERY/04/854 DTD. 28/04/2004 ISSUED BY THE RESPONDENTS.

¶24

P4: COPY OF THE LETTER OF THE PETITIONER DTD. 11/06/2004 SENT TO THE 1ST RESPONDENT.

¶25

P5: COPY OF NOTICE OF THE 2ND RESPONDENT DTD. 9/06/2004/11.6/2004.

¶26

P6: COPY OF JUDGMENT DTD. 5/07/2004 IN WPC.NO.19576/04.

¶27

P7: COPY OF NOTICE DTD. 15/04/2005 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

¶28

RESPONDENT'S EXHIBITS: N I L

/TRUE COPY/

P.A.TO JUDGE

Kss

B.P. RAY, J.

- - - - - - - - - - - - - - - - - W.P.(C) No.14332 of 2005

¶34

- - - - - - - - - - - - - - - -

¶35

Dated this the 24^th day of November, 2011.

¶36

JUDGMENT

¶37

The petitioner challenges Ext.P7 notice issued by the 2^nd respondent. The learned counsel for the parties submit that the factory has been taken over by the State Government. I do not find any merit in the writ petition. Accordingly, this writ petition is dismissed. It is open to the respondents to realise the amount from the Government, if so advised.

¶38

sd/- B.P. RAY, JUDGE.

O.P. No.

-:2:-

B.P. RAY, J.

O.P.No. 13887 of 2002

¶44

Dated this the 16^th day of November, 2011.

¶45

JUDGMENT

M/S.Kerala Spinners Ltd. v. Regional P.F.Commissioner

Case brief

What is this about?

What the court decided

M/S.Kerala Spinners Ltd. v. Regional P.F.Commissioner

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Pocker Vs Perambra Panchayath

Vichithran Vs Government of Kerala

M.M.Vijayakumari Vs Asst.Educational Officer

S.Salahudheen Vs State of Kerala

K.Radhamaniamma Vs State of Kerala

Sivadasan K. Vs State