Partly allowed

Manjeri Municipality v. the Assistant Provident Fund Commissioner

Kerala HC29 Nov 2012WP(C)/28405/2012

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition quashing the orders under Section 7A of the EPF Act and stayed the recovery proceedings for three weeks, safeguarding the petitioner's right to prefer an appeal before the Appellate Tribunal.

What did the court decide?

Orders under Section 7A quashed; recovery proceedings stayed for three weeks; petitioner's right to appeal preserved.

Manjeri Municipality Vs the Assistant… — Pension and Retirement Benefits | Kerala HC (2012)

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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 HARUN-UL-RASHID

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THURSDAY, THE 29TH DAY OF NOVEMBER 2012/8TH AGRAHAYANA 1934

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WP(C).No. 28405 of 2012 (A)

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PETITIONER :

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MANJERI MUNICIPALITY, REPRESENTED BY ITS SECRETARY IN CHARGE, MANJERI MALAPPURAM DISTRICT, PIN - 676121.

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BY ADVS.SRI.P.RAMAKRISHNAN

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SRI.T.C.KRISHNA SRI.C.ANIL KUMAR SRI.PRATAP ABRAHAM VARGHESE

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RESPONDENT :

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THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION SUB REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN PB NO.1806, ERANHIPALAM PO, KOZHIKODE-673 006.

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BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL, SC, P.F.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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...2/-

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WP(C).No. 28405 of 2012 (A)

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APPENDIX

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PETITIONERS' EXHIBITS :

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EXHIBIT P1: TRUE COPY OF STATEMENT DATED 13.10.2011 SUBMITTED BY THE PETITIONER.

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EXHIBIT P2: TRUE COPY OF STATEMENT DATED 20.10.2011 SUBMITTED BY THE PETITIONER.

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EXHIBIT P3: TRUE COPY OF STATEMENT DATED 8.11.2011 SUBMITTED BY THE PETITIONER.

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EXHIBIT P4: TRUE COPY OF ORDER DATED 13.9.2012 PASSED BY THE RESPONDENT. EXHIBIT P5: TRUE COPY OF ORDER DATED 9.11.2012 ISSUED BY THE RESPONDENT.

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RESPONDENTS' EXHIBITS : NIL

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//TRUE COPY//

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HARUN-UL-RASHID,J.

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W.P.(C).NO. 28405 OF 2012

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DATED THIS THE 29TH DAY OF NOVEMBER, 2012

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JUDGMENT

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Ext. P4 and Ext. P5 are under challenge. Ext. P4 is the order passed by the respondent u/s. 7A of the Employees Provident Funds and Miscellaneous Provisions Act, 1952. Ext. P5 is the copy of the proceedings initiated for recovery of the amount determined under Ext. P4 order. P4 order is appealable under the provisions of the said Act.

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Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent.

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The writ petition is therefore disposed of without prejudice to the right of the petitioner to prefer appeal before the Employees Provident Fund Appellate Tribunal, if so advised. The proceedings initiated to recover the determined amount as per Ext. P5, shall be kept in abeyance for a period of three weeks.

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Sd/-

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HARUN-UL-RASHID, JUDGE.

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DCS

Manjeri Municipality v. the Assistant Provident Fund Commissioner

Case brief

What is this about?

What did the court decide?

Manjeri Municipality v. the Assistant Provident Fund Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

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