Dismissed

George Dominic v. the Provident Fund Commissioner

Kerala HC6 Dec 2022WP(C)/148/2022

Case brief

AI extract

What is this about?

The Kerala High Court disposed of a writ petition wherein the petitioner sought directions to the Assistant Provident Fund Commissioner to act on representations regarding non-payment of employee contributions. The Court held that since action had already been initiated against the employer, the grievance was vindicated and the petition stood disposed of.

What did the court decide?

Writ petition stood disposed off after noting that action was initiated against the employer.

George Dominic Vs the Provident Fund… — Pension and Retirement Benefits | Kerala HC (2022)

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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 AMIT RAWAL

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TUESDAY, THE 6TH DAY OF DECEMBER 2022 / 15TH AGRAHAYANA, 1944

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WP(C) NO. 148 OF 2022

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PETITIONER:

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GEORGE DOMINIC

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KODIMARATHUMMOOTTIL HOUSE, MODAKKALLOOR P O,
ULLIYERI VIA, KOZHIKODE-673323.

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BY ADVS.
TERRY V.JAMES
MATHEWS K. UTHUPPACHAN
ABRAHAM KOLLINAL

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RESPONDENTS:

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1 THE PROVIDENT FUND COMMISSIONER

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EMPLOYEES PROVIDENT FUND ORGANIZATION,
SUB-REGIONAL OFFICE, BHAVISHYA NIDHI BHAVAN, NADAKKAVU,
MINI BY-PASS ROAD, ERANHIPALAM, KOZHIKODE-673006.

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2THE ASSISTANT PROVIDENT FUND COMMISSIONER
EMPLOYEES PROVIDENT FUND ORGANIZATION,
SUB-REGIONAL OFFICE, BHAVISHYA NIDHI BHAVAN, NADAKKAVU,
MINI BY-PASS ROAD, ERANHIPALAM, KOZHIKODE-673006.

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3JOSCO RUBBERS
REPRESENTED BY ITS MANAGING PARTNER,
OPPOSITE BEACH FIRE STATION, MOONALINGAL,
KOZHIKODE-673032.

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BY ADV ABRAHAM P.MEACHINKARA -SC EPF

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 148 OF 2022

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JUDGMENT

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Petitioner has approached this Court with the following prayers:

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“A. Issue a writ of mandamus or such other appropriate Writ, order or direction, directing the 2^nd Respondent to immediately pass orders on Exhibit-P3 and Exhibit-P4 Representations dated 19.10.2020 of the petitioners forthwith; and

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B. to issue such appropriate interim, incidental or other orders as may be deemed just and necessary in the facts and circumstances.”

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The prayer aforementioned is supported by a representation Ext.P4 and legal notice Ext.P5 alleging that the employer had not made full amount of the contribution for none of the employees. In this view of the matter, this Court had issued a notice, respondents have filed the counter affidavit to the effect that action has been initiated against the 3^rd respondent- employer. In this view of the matter, no further cause of action survives as the grievance of the petitioner stands vindicated. Consequential action under the provisions of the Act will be taken in due course.

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Writ petition stands disposed off.

Sd/-

AMIT RAWAL JUDGE

nak

WP(C) NO. 148 OF 2022

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APPENDIX OF WP(C) 148/2022

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF WAGE SLIP OF THE PETITIONER
ISSUED BY 3RD RESPONDENT FOR THE PERIOD
1.1.2018 TO 31.01.2021.

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Exhibit P2TRUE COPY OF PENSION CONTRIBUTION
STATEMENT OF THE PETITIONER UNDER THE 2ND
RESPONDENT FOR THE PERIOD APRIL 2010 TO
MARCH 2021.

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Exhibit P3TRUE COPY OF LETTER DATED 13.11.2021 SENT
BY THE PETITIONER TO THE 3RD RESPONDENT.

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Exhibit P4 TRUE COPY OF REPRESENTATION DATED 13.11.2021 SENT BY THE PETITIONER TO THE 3RD RESPONDENT.

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Exhibit P5 TRUE COPY OF LEGAL NOTICE DATED 13.11.2021 SENT BY THE PETITIONER TO THE 3RD RESPONDENT.

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Exhibit P6TRUE COPY OF REPLY NOTICE DATED 30.11.2021
SENT BY THE 3RD RESPONDENT. TO THE
PETITIONER.

George Dominic v. the Provident Fund Commissioner

Case brief

What is this about?

What did the court decide?

George Dominic v. the Provident Fund Commissioner

Case brief

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What did the court decide?

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