Disposed

K.N. Security & Allied Services (P) Ltd. v. Employees Provident Fund Organisation

Kerala HC30 Nov 2012WP(C)/28587/2012

Case brief

AI extract

What is this about?

The petitioner filed a writ petition to quash orders passed under Section 7A of the EPF Act. The High Court disposed of the petition without prejudice to the right of appeal but ordered recovery proceedings to be kept in abeyance for one month.

What did the court decide?

Recovery proceedings kept in abeyance for one month; writ petition disposed of without prejudice to right of appeal.

K.N. Security & Allied Services (P) Ltd. Vs… — Pension and Retirement Benefits | Kerala HC (2012)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID

¶4

FRIDAY, THE 30TH DAY OF NOVEMBER 2012/9TH AGRAHAYANA 1934

¶5

WP(C).No. 28587 of 2012 (W)

¶6

PETITIONER :

¶7

K.N. SECURITY & ALLIED SERVICES (P) LTD. BUILDING NO. VII/432B CIVIL STATIONKUNNUMPURAM ROAD, KAKKANAD, KOCHI-682 030 REPRESENTED BY ITS CHIEF EXECUTIVE COL (RETD) K.B.R. PILLAI

¶8

BY ADVS.SMT.A.K.PREETHA SRI.ANIL NARAYANAN

¶9

RESPONDENTS :

¶10

1. THE EMPLOYEES PROVIDENT FUND ORGANISATION BHAVISHYA NIDHI BHAVAN, KALOOR, KOCHIN-17 REPRESENTED BY THE REGIONAL PROVIDENT FUND COMMISSIONER BHAVISHYA NIDHI BHAVAN, KALOOR, KOCHIN-17.

¶11

2. ASSISTANT PROVIDENT FUND COMMISSIONER THE EMPLOYEES PROVIDENT FUND ORGANISATION BHAVISHYA NIDHI BHAVAN, KALOOR, KOCHIN-17

¶12

R1 & R2 BY ADVS. DR.S.GOPAKUMARAN NAIR (SR.) SRI.A.RAJASIMHAN,SC,EPF ORGANISATION

¶13

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶14

¶15

WP(C).No. 28587 of 2012 (W)

¶16

APPENDIX

¶17

PETITIONER'S EXHIBITS :

¶18

EXHIBIT-P1 - TRUE COPY OF THE ORDER NO.KR/KC/21390/ENF.1(6)201/12153 PASSED BY THE 2ND RESPONDENT DATED 30-12-2011

¶19

EXHIBIT-P2 - TRUE COPY OF THE GUIDELINES ISSUED BY THE DIRECTORATE GENERAL RESETTLEMENT.

¶20

EXHIBIT-P3 - TRUE COPY OF THE APPLICATION FOR REVIEW FILED UNDER SECTION 7B OF THE EPF ACT

¶21

EXHIBIT-P4 - TRUE COPY OF THE ORDER NO.KR/KC/21390/ENF.1(6)2012 PASSED BY THE SECOND RESPONDENT DATED 8-10-2012

¶22

EXHIBIT-P5 - TRUE COPY OF THE PETITION FILED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 10-11-2012

¶23

RESPONDENT'S EXHIBITS : NIL.

//TRUE COPY//

P.A. TO JUDGE

HARUN-UL-RASHID,J.

¶28

W.P.(C).NO. 28587 OF 2012

¶29

DATED THIS THE 30TH DAY OF NOVEMBER, 2012

¶30

JUDGMENT

¶31

The learned Standing Counsel takes notice for the respondents.

¶32

The writ petition is filed seeking to quash Ext. P1 and Ext.

¶33

P4 orders and for other incidental reliefs. Ext. P1 is the order passed by the 2^nd respondent u/s. 7A of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 and Ext. P3 is the review application submitted by the petitioner. Ext. P1 and P4 order are appealable before the Employees Provident Fund Appellate Tribunal.

¶34

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

¶35

The writ petition is therefore disposed of without prejudice to the right of the petitioner to pursue his remedy by way of appeal before the Employees Provident Fund Appellate Tribunal, if so advised. Since

¶36

-2-

¶37

W.P.(C).No.28587/2012

¶38

Ext. P4 order was received on 5.11.2012, the recovery proceedings initiated shall be kept in abeyance for a period of one month to enable the petitioner to pursue the remedy available under the Act.

¶39

sd/- HARUN-UL-RASHID, JUDGE.

¶40

DCS

K.N. Security & Allied Services (P) Ltd. v. Employees Provident Fund Organisation

Case brief

What is this about?

What did the court decide?

K.N. Security & Allied Services (P) Ltd. v. Employees Provident Fund Organisation

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

Coram

Case details

Similar cases

P.P.Padmini Vs Dharmadam Service Co-Operative Bank

P.S.Babu Raj Vs Alappey Co-Operative Spinning Mills Ltd.

Sunny Das & Another Vs the Joint Registrar (G) Co-Op. Societies

K.P.Francis Vs the Secretary, Regional Transport Authority, Thrissur

Babu K.Y. Vs the Regional Transport Authority

Lekha Bhaskaran Vs the Regional Transport Authority, Alappuzha