Disposed

M/S.Kancor Flavours & Extracts Limited. v. Regional Provindet Fnd Commissioner.

Kerala HC14 Nov 2011WP(C)/29712/2004

Case brief

AI extract

What is this about?

The Court disposed of a writ petition regarding provident fund contributions. After an affidavit clarified that the employer's share cannot be waived under the relevant circular, the Court directed the waiver of the employees' share up to the notice date of 27.09.1996 and a readjudication for further demands.

What did the court decide?

Direction that the employees' share of contribution up to 27.09.1996 be waived; Commissioner to readjudicate and collect further demand if any.

M/S.Kancor Flavours & Extracts Limited. Vs… — Pension and Retirement Benefits | Kerala HC (2011)

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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 B.P.RAY

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MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 WP(C).No. 29712 of 2004(K) --------------------------------------

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PETITIONER(S) :

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

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M/S.KANCOR FLAVOURS & EXTRACTS LIMITED, ANGAMALY SOUTH 683 573, REP. BY ITS MANAGER(PERSONNEL) K.JAYACHANDRAN.

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BY ADVS. SRI. JOSEPH KODIANTHARA SRI. MITHUN MARKOS SRI. C.R.MANOJ

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RESPONDENT(S) : ------------------------

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1. THE REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANISATION, 36/685A, BHAVISHYANIDHI BHAVAN, KALOOR, KOCHI 682025.

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2. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, 36/685A, BHAVISHYANIDHI BHAVAN, KALOOR, KOCHIN 682025

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

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*** ADDL. RESPONDENT'S 4 & 5 IMPLEADED .**

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4. KANCORE CASUAL WORKERS UNION (INTUC) REG. NO.115/86 , ANGAMALY SOUTH - 683573 REPRESENTED BY ITS SITE LEADER, MR. K.T. RAJAPPAN.

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5. KANCORE (BOI) GENERAL WORKERS UNION(CITU), REG.NO.106, ANGAMALY SOUTH - 683573, REPRESENTED BY ITS SITE LEADER, MR. P.D. KUNJU

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ADDL. RESPONDENT'S 4 & 5 ARE IMPLEADED AS PER ORDER DATED 2.08.2005 IN I.A. 11287/05.

2/-

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W.P.C.29712/2004

R1 & R2 BY ADV. SRI. S.GOPAKUMARAN NAIR, SC, P.F. R3 BY ADV. SRI. V.B.PREMACHANDRAN, CGC R4 & R5 BY ADV. SRI. P.RAMAKRISHNAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.C.29712/2004

APPENDIX

PETITIONERS EXHIBITS :

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EXT. P1 : COPY OF NOTICE DATED 27.09.1996 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT.

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EXT. P2 : COPY OF ORDER DATED 16.04.1999 OF THE 1ST RESPONDENT.

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EXT.P3 : COPY OF APPEAL DATED 8.06.1999 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

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EXT. P4 : COPY OF CHALLAN DATED 31.08.1999

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EXT.P5 : COPY OF PETITIONER 'S ADVOCATES LETTER DATED 1.09.1999 TO THE 3RD RESPONDENT.

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EXT.P6 : COPY OF LETTER DATED 1.09.2004 OF THE 1ST RESPONDENT TO THE PETITIONER.

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EXT. P7 : TRUE COPY OF ORDER DATED 8.12.1999 OF THE 3RD RESPONDENT.

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RESPONDENT'S EXHIBITS : NIL

/ TRUE COPY /

P.A. TO JUDGE

B.P. RAY, J.

- - - - - - - - - - - - - - - - - W.P.(C) No.29712 of 2004

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- - - - - - - - - - - - - - - - Dated this the 14^th day of November, 2011.

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JUDGMENT

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Heard the learned counsel for the petitioner and the learned counsel for the respondents.

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By interim order dated 25.10.2011, this Court directed respondents 1 and 2 to file an affidavit indicating the petitioner's contribution towards the employer's contribution and as to whether in pursuance to the appellate order they are ready and willing to waive the employer's contribution towards the welfare fund.

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In pursuance to the said order, the respondents have filed an affidavit stating that as per Ministry of Labour Circular No. SR.11025 (25)/87-SS-II, dated 6^th October, 1989, the employees' share of contribution can be waived till the date of notice, Ext.P1 i.e., 27.09.1996 and there is no provision to waive the employer's share of contribution.

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In view of such affidavit I dispose of the writ petition with a direction that the employees' share of contribution up to the date of notice i.e., 27.09.1996 shall be waived. The Commissioner shall readjudicate and proceed to collect and raise further demand, if any, in accordance with law. The parties are directed to appear before the before the 1^st respondent on 06.12.2011.

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sd/- B.P. RAY, JUDGE.

O.P. No.

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B.P. RAY, J.

O.P.No. 13887 of 2002

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O.P. No.

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-:3:-

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Dated this the 20^th day of September, 2011.

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JUDGMENT

M/S.Kancor Flavours & Extracts Limited. v. Regional Provindet Fnd Commissioner.

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M/S.Kancor Flavours & Extracts Limited. v. Regional Provindet Fnd Commissioner.

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