Remanded

Casino Hotels Ltd. v. T.P.Sivadasan Acs

Kerala HC18 Nov 2011WP(C)/35422/2005

Case brief

AI extract

What is this about?

Disallowing the petitioner's immediate prayer to quash a notice without appointing a manager to defend the claim, the High Court of Kerala directed the petitioner to file objections before the Regional Provident Fund Commissioner within six weeks and instructed the First Respondent to file a statement within one month. The ruling remanded the matter to the Commissioner for final disposal within tw

What did the court decide?

The petition is partially disposed of; the notice Ext.P4 is not quashed but remanded to the Regional Provident Fund Commissioner with specific timelines for filing objections and responses before a fi

Casino Hotels Ltd. Vs T.P.Sivadasan Acs — 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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FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933

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WP(C).No. 35422 of 2005(P)

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

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PETITIONER

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

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CASINO HOTELS LIMITED, T.B.ROAD, THRISSUR.

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BY ADV. SRI.P.RAMAKRISHNAN

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RESPONDENT(S):

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

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1. T.P.SIVADASAN ACS, KALATHINGAL HOUSE, PUNNAYURKULAM.

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2. THE ASSISTANT COMMISSIONER (ENFORCEMENT) EMPLOYEES PROVIDENT FUND ORGANISATION, SUB REGIONAL OFFICE,BHAVISHYANIDHI BHAVAN, KALOOR.

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R1 BY ADVS.SRI.GOVIND K.BHARATHAN, SENIOR ADVOCATE SRI.SARVOTHAMAN R2 BY ADV. SRI.S.GOPAKUMARAN NAIR, SC, P.F.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 35422 of 2005(P)

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APPENDIX

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PETITIONER'S EXHIBITS

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EXT.P1. COPY OF LETTER DATED 13.9.2004 FROM THE 1ST RESPONDENT TO THE PETITIONER.

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EXT.P2. COPY OF THE LETTER DATED 15.6.2005 FROM THE 2ND RESPONDENT TO THE PETITIONER.

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EXT.P3. COPY OF LETTER DATED 30.6.2005 FROM THE PETITIONER TO THE 2ND RESPONDENT.

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EXT.P4. COPY OF LETTER DATED 25.11.2005 OF THE 2ND RESPONDENT.

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RESPONDENT'S EXHIBITS :

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EXT.R1. COPY OF THE LETTER DATED 21.101994

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EXT. R1B. COPY OF THE RESIGNATION LETTER DATED 19.07.2004.

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EXT. R1C. COPY OF THE PAYMENT ADVICE OF THE SALARY DATED 10.12.2003.

/ TRUE COPY /

P.A. TO JUDGE

B.P. RAY, J.

- - - - - - - - - - - - - - - - - W.P.(C) No. 35422 of 2005

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

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Dated this the 18^th day of November, 2011.

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JUDGMENT

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Heard the learned counsel for the petitioner.

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The petitioner has filed this writ petition with the

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following prayers:

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Issue a writ of certiorari or other appropriate writ or order quashing and setting aside Ext.P4.

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Hold that the first respondent cannot be termed as an 'employee' of the establishment 'Casino Hotels' and that the petitioner cannot be mulcted with the liability of remitting provident fund dues under the EPF & MP Act in relation to the 1^st respondent.

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Or issue a writ of mandamus or other appropriate writ or order directing the 2^nd respondent to decide the issue afresh after hearing the petitioner.

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The learned counsel for the petitioner submits that in pursuance of the notice, Ext.P4, no explanation has been filed by the petitioner Company. Let the petitioner file objections before the competent authority within six weeks from today and produce relevant documents in support of its claim. The first respondent shall also file a detailed statement before the Regional Provident Fund Commissioner who is the competent authority under Section 26 of the EPF & MP Act, within one month from the date of filing of objection by the petitioner and

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W.P.(C) No. 35422/2005

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-:2:-

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the matter shall be disposed of by the Regional Provident Fund Commissioner within two months thereafter after giving sufficient opportunity of hearing to all the parties. Till the decision is taken, the interim order passed by this Court shall continue.

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This writ petition is disposed of as above.

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sd/- B.P. RAY, JUDGE.

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W.P.(C) No. 35422/2005

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-:3:-

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B.P. RAY, J.

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O.P.No. 13887 of 2002

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

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JUDGMENT

Casino Hotels Ltd. v. T.P.Sivadasan Acs

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Casino Hotels Ltd. v. T.P.Sivadasan Acs

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