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Ire Civil Contract Workers Welfare Forum v. Assistant Provident Fund Commissioner

Kerala HC19 May 2022WP(C)/2623/2022

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging an order imposing liability to pay damages under the EPF Act. Acknowledging financial constraints and the pandemic, the Court directed the petitioner to pay the balance amount in six equal monthly instalments instead of a lump sum, allowing respondents to recover the full amount upon default of two instalments.

What did the court decide?

Direction to pay balance damages in six equal monthly instalments commencing from June 2022.

Ire Civil Contract Workers Welfare Forum Vs… — 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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THURSDAY, THE 19^TH DAY OF MAY 2022 / 29TH VAISAKHA, 1944

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WP(C) NO. 2623 OF 2022

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PETITIONER:

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M/S.IRE CIVIL CONTRACT WORKERS WELFARE FORUM REG.NO.Q-10/90, CHAVARA, KOLLAM - 691 583 REPRESENTED BY ITS SECRETARY.

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BY ADVS. M.GOPIKRISHNAN NAMBIAR K.JOHN MATHAI JOSON MANAVALAN KURYAN THOMAS PAULOSE C. ABRAHAM RAJA KANNAN SHILPI M.LAL

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RESPONDENTS:

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1 ASSISTANT PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION, REGIONAL OFFICE, PARAMESWAR NAGAR, KOLLAM - 691 001.

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2 CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL X78V+ C45, PRIYA SQUARE, ERNAKULAM - 682 016.

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BY ADVS. PIRAPPANCODE V.S.SUDHEER AKASH S.(K/980/2008) A.MEGHA(K/000488/2018) V.S.VARALEKSHMI(K/000910/2019) AMRITHAPRIYA.C(K/002655/2021)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) No.2623/2022

JUDGMENT

Challenge has been laid to the orders dated 19.8.2019

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and 11.1.2021 passed by the first respondent and second respondent Exts.P1 and P3 respectively whereby the petitioner was burdened with the liability to pay the damages as per the provisions of Section 14B of the Employees Provident Fund and Miscellaneous Provisions Act, 1952. The reason for non payment of the damages is only the financial constraints expressed in the Writ Petition. In order to show the bonafides, this Court vide order dated 25.1.2022 while issuing notice imposed a condition of deposit of Rs.50,000/with the first respondent within a period of three weeks. The said amount has been deposited and the balance amount out of Rs.2,75,000/- and odd amount is Rs.2,25,000/-. Learned counsel for the petitioner submits that the said payment will be made in ten instalments.

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On the contrary learned counsel for the respondents submits that the concession of payment in instalments would amount to travesty of justice as the damages are sine qua non on account of the payment of the dues determined under Section 7A of the Act.

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WP(C) No.2623/2022

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Without expressing any opinion on the merits of

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the matter and keeping in view the financial contingency as well as the fact that not only the state but entire country is striving owing to the pandemic and there had been a fall in the income of all the individuals including the firm proprietorship and company, I direct the petitioners to pay the balance amount of damages in six equal monthly instalments commencing from the month of June, 2022. In case of default of any two instalments, the respondents shall

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be at liberty to recover the amount in accordance with law.

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The Writ Petition is disposed of.

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Sd/-

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AMIT RAWAL, JUDGE

csl

WP(C) No.2623/2022

APPENDIX OF WP(C) 2623/2022

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PETITIONER'S EXHIBITS

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Exhibit P1 TRUE COPY OF THE ORDER DATED 19/8/2019 PASSED BY THE 1ST RESPONDENT. Exhibit P2 TRUE COPY OF THE APPEAL PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 27TH SEPTEMBER, 2019 BEING APPEAL NO.423/2019 WITHOUT ENCLOSURES. Exhibit P3 TRUE COPY OF THE ORDER DATED 11/01/2021 IN APPEAL NO.423/2019 PASSED BY THE 2ND RESPONDENT TRIBUNAL.

Ire Civil Contract Workers Welfare Forum v. Assistant Provident Fund Commissioner

Case brief

What is this about?

What did the court decide?

Ire Civil Contract Workers Welfare Forum v. Assistant Provident Fund Commissioner

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

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