Writ petition challenging an order reducing EPF damages by the Appellate Tribunal. Court allowed the petition to reduce damages further for the pre-code-allotment period.
Order of Appellate Authority modified to reduce damages further by 35%.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
THURSDAY, THE 17TH DAY OF NOVEMBER 2022 / 26TH KARTHIKA, 1944
WP(C) NO. 15264 OF 2019
PETITIONER:
M/S.DM EDUCATION AND RESEARCH FOUNDATION,
NAZEERA NAGAR, NULL, MEPPADI POST, WAYANAD 673 577, REPRESENTED BY
ITS AUTHORIZED SIGNATORY & LAW OFFICER, SRI. ZALAZI KALLANGODAN.
BY ADVS.
E.K.NANDAKUMAR (SR.)
SRI.M.GOPIKRISHNAN NAMBIAR
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SRI.PAULOSE C. ABRAHAM
RESPONDENTS:
1REGIONAL PROVIDENT FUND COMMISSIONER
EMPLOYEES PROVIDENT FUND ORGANISATION, BHAVISHYA NIDHI BHAVAN, PB
NO.1806 ERAHNIPALAM, KOZHIKODE-673 006.
2CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL
38/277, A2, KARITHALA LANE, KARSHAKA ROAD, ERNAKULAM-682 016.
BY ADV DR.ABRAHAM P.MEACHINKARA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.15264 OF 2019.
2
JUDGMENT
Dated this the 17th day of November, 2022
The present writ petition is directed against the order of the Appellate Tribunal whereby the damage assessed by the Assessing Authority as per Ext.P3 order dated 07.05.2014 have been partly allowed by reducing it to 70%, total amount is Rs.3,25,540/-.
W.P.(C)No.15264 OF 2019.
3
has been reduced to 70%.
Order of the Appellate Authority is modified to that extent. Writ petition is allowed to the aforesaid extent.
Sd/-
AMIT RAWAL JUDGE
Raj.18.11.2022.
W.P.(C)No.15264 OF 2019.
4
APPENDIX OF WP(C) 15264/2019
PETITIONER EXHIBITS |
|||
|---|---|---|---|
EXHIBIT P1 |
TRUE COPY20.3.2014PETITIONE |
OF THEISSUEDR ESTAB |
SHOW CAUSE NOTICE DATEDBY THE IST RESPONDENT TO THELISHMENT.Q |
EXHIBIT P2 |
TRUE COPYSUBMITTEDRESPONDEN |
OF THEBY THET. |
STATEMENT DATED 24.4.2014PETITIONER BEFORE THE IST |
EXHIBIT P3 |
TRUE COPYTYHE IST |
OF THERESPOND |
ORDER DATED 7.5.2014 ISSUED BYENT TO THE PETITIONER. |
EXHIBIT P4 |
TRUE COPY15.5.20142ND RESPO |
OF THEFILEDNDENT ( |
MEMORANDUM OF APPEAL DATEDBY THE PETITIONER BEFORE THEWITHOUT ANNEXURES). |
EXHIBIT P5 |
TRUE COPYTHE 2ND R |
OF THEESPONDE |
ORDER DATED 4.4.2019 ISSUED BYNT TO THE PETITIONER. |
2 issues framed by the court
Whether the damages assessed for EPF contribution default should be reduced for the period prior to the allotment of EPF code.
Whether the Appellate Authority ought to have reduced the amount further by 35%.
1 provisions across 1 enactments
M/S.DM EDUCATION AND RESEARCH FOUNDATION
REGIONAL PROVIDENT FUND COMMISSIONER
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL
AMIT RAWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court