Disposed

M/S,Kottamala Tea Garden v. the Regional Provident Fund Commr.&Anoth

Kerala HC23 Jan 2013WP(C)/1020/2011

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging dismissal of an appeal for default under the EPF Act. It directed the petitioner to seek restoration before the Tribunal within a month and restrained coercive realization of dues pending the Tribunal's decision on restoration.

What did the court decide?

Restoration to be sought before EPFAT within one month; coercive realization of dues stayed pending Tribunal application on restoration.

M/S,Kottamala Tea Garden Vs the Regional… — Pension and Retirement Benefits | Kerala HC (2013)

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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 V.CHITAMBARESH

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WEDNESDAY, THE 23RD DAY OF JANUARY 2013/3RD MAGHA 1934

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WP(C).No. 1020 of 2011 (B)

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PETITIONER(S):

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M/S,KOTTAMALA TEA GARDEN, M.M.J PLANTATIONS,KOTTAMALA PO,VAGHAMON, REPRESENTED BY ITS MANAGING PARTNER,REJI MICHAEL.

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BY ADVS.SMT.S.K.DEVI SRI.SANTHOSH P.ABRAHAM

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RESPONDENT(S):

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1. THE REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, CHALAKUDY BUILDINGS,CMS COLLEGE ROAD, KOTTAYAM 680001.

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2. THE EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, SCOPE MINIAR,CORE-11,4TH FLOOR, LAKSHMI NAGAR,NEW DELHI 110 092.

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R1 BY ADV. SRI.JOY THATTIL ITOOP, SC, EPF ORGANISATION

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 1020 of 2011 (B)

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APPENDIX

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PETITIONER'S EXHIBITS

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EXT.P1: COPY OF ORDER DATED 22.11.2006. EXT.P2: COPY OF APPEAL DATED 05.02.2007. EXT.P3: COPY OF NOTICE DATED 06.09.2010. EXT.P4: COPY OF COVERING LETTER AND ADJOURNMENT PETITION DATED 29.09.2010.

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EXT.P5: COPY OF PROOF OF DELIVERY AND THE CONSIGNMENT TRACKER. EXT.P6: COPY OF COVERING LETTER DATED 12.10.2010. EXT.P7: COPY OF ORDER DATED 11.10.2010.

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RESPONDENT'S EXHIBITS: NIL

//TRUE COPY//

P.A. TO JUDGE

LSN

V.CHITAMBARESH,J.

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= = = = = = = = = = =

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W.P.(C) No. 1020 of 2011

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= = = = = = = = = = = == = = = = Dated this the 23^rd day of January, 2013

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J U D G M E N T

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Ext.P1 proceedings levying damages under Section 14 B of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 was challenged in Ext.P2 appeal filed under Section 7 I of the Act before the Employees Provident Fund Appellate Tribunal. The appeal was however dismissed for default by Ext.P7 order notwithstanding Ext.P4 petition put in by the petitioner for adjournment of hearing. The order dismissing the appeal for default is impugned in this writ petition under Article 226 of the Constitution of India.

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The remedy, if any, of the petitioner is to move for readmission of the appeal dismissed for default by the Employees Provident Fund Appellate Tribunal . The Tribunal on receipt of any such application for restoration in ATA No.138(7)/ 2007 shall deal with the same expeditiously and in accordance with law. The petitioner shall move the Tribunal within a period of one month supported by an application for condonation of

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W.P.(C) No. 1020 of 2011 2

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delay. The Tribunal is at liberty to dispose of the application for restoration within a period of two months thereafter.

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The amount due under Ext.P1 proceedings levying damages shall not be realised from the petitioner by coercive mode pending consideration of the application by the Tribunal as directed above.

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The Writ Petition (Civil) is disposed of.

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V.CHITAMBARESH. JUDGE

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smm

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W.P.(C) No. 1020 of 2011 3

M/S,Kottamala Tea Garden v. the Regional Provident Fund Commr.&Anoth

Case brief

What is this about?

What did the court decide?

M/S,Kottamala Tea Garden v. the Regional Provident Fund Commr.&Anoth

Case brief

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