Partly allowed

The Kerala Electrical v. Assistant Provident Fund Commissioner

Kerala HC27 May 2016WP(C)/16920/2016

Case brief

AI extract

What is this about?

The petitioner, having admitted default in Provident Fund contributions, challenged recovery proceedings. The court disposed of the writ petition on terms allowing payment in 15 monthly instalments, keeping recovery proceedings in abeyance, pending full satisfaction of arrears.

What did the court decide?

Grant of 15 monthly instalments for payment of dues and suspension of recovery proceedings subject to timely remittance.

The Kerala Electrical Vs Assistant Provident… — Pension and Retirement Benefits | Kerala HC (2016)

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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 K.VINOD CHANDRAN

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FRIDAY, THE 27TH DAY OF MAY 2016/6TH JYAISHTA, 1938

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WP(C).No. 16920 of 2016 (L)

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PETITIONER:

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THE KERALA ELECTRICAL & ALLIED ENGINEERING CO. LTD., INDUSTRIAL ESTATE P.O., PALAKKAD - 678 731, REPRESENTED BY ITS MANAGER, MRS.P.M.KHADEEJA.

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BY ADVS.SRI.M.GOPIKRISHNAN NAMBIAR SRI.P.GOPINATH SRI.P.BENNY THOMAS SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS

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RESPONDENT(S):

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1.THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, ERANHIPALAM, KOZHIKODE - 673 006.

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2.THE RECOVERY OFFICER, EMPLOYEES PROVIDENT FUNE ORFANIZATION, SUB REGIONAL OFFICE, ERANHIPALAM, KOZHIKODE - 673 006.

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BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-05-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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mbr/

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WP(C).No. 16920 of 2016 (L)

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APPENDIX

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PETITIONER(S)' EXHIBITS:

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P1 : TRUE COPY OF ORDER DATED 16/2/2016 ISSUED BY THE 1ST RESPONDENT P2 : TRUE COPY OF NOTICE DATED 21/4/2016 ISSUED BY THE 2ND RESPONDENT. RESPONDENT(S)' EXHIBITS: NIL ----------------------//TRUE COPY// P.S. TO JUDGE mbr/

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K. VINOD CHANDRAN, J

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- - - - -- - - - - - - - - - - - - - - - W.P(C) No. 16920 of 2016

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Dated this the 27^th day of May, 2016

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The petitioner, who is a Government of Kerala

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Undertaking registered under the Companies Act, 1956 engaged

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in manufacturing and marketing of brushless alternators and distribution transformers, defaulted contribution to the respondent Provident Fund Organisation and is before this Court challenging the recovery proceedings initiated therein. The liability and the default is admitted and the only prayer is for instalments. Considering the facts of the case and the alleged impecunious circumstances of the petitioner, this writ petition is disposed of on the following terms:-

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(i) The petitioner shall produce a certified copy of

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this judgment before the respondent Organisation within two

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WPC.16920/2016

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: Page numbers :

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weeks of receipt of the same.

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(ii) The respondent Organisation shall grant 15

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monthly instalments for the payment of the dues, as per Ext.P2 starting from 27.06.2016.

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(iii) Recovery proceedings shall be kept in abeyance

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on condition that the remittances as per this order are made

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without any default.

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(iv) On the petitioner making two consecutive

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defaults, the recovery steps initiated shall revive and continue.

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(v) On the 15^th instalment being satisfied, the

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respondent shall issue a statement of the interest accrued which

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shall be satisfied by the petitioner as the 16^th instalment.

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(vi) On the petitioner satisfying the entire arrears,

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the recovery proceedings shall be unenforceable.

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Writ Petition is disposed of as above, making it clear

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WPC.16920/2016

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: Page numbers :

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that the respondent will be free to proceed with the recovery if

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the above conditions are not complied with.

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Sd/-

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(K. VINOD CHANDRAN, JUDGE)

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jma

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//true copy//

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P.A to Judge

The Kerala Electrical v. Assistant Provident Fund Commissioner

Case brief

What is this about?

What did the court decide?

The Kerala Electrical v. Assistant Provident Fund Commissioner

Case brief

What is this about?

What did the court decide?

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