Disposed

Mangalam Publications(India) Pvt. Ltd. v. the Employees Provident Fund Organization

Kerala HC23 May 2022WP(C)/4581/2016

Case brief

AI extract

What is this about?

The High Court at Ernakulam disposed of a writ petition challenging an EPF order for non-payment of interest. Without deciding on merits, the court directed the petitioner to deposit the outstanding amount in seven instalments, adjusting the count if half was already deposited.

What did the court decide?

Directed the petitioner to deposit the outstanding amount in seven instalments, reduced to five if half was already deposited; respondents may act on default of two instalments.

Mangalam Publications(India) Pvt. Ltd. Vs the… — Pension and Retirement Benefits | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE AMIT RAWAL

¶4

MONDAY, THE 23^RD DAY OF MAY 2022 / 2ND JYAISHTA, 1944

¶5

WP(C) NO. 4581 OF 2016

¶6

PETITIONER:

¶7

MANGALAM PUBLICATIONS(INDIA) PVT LTD S.H.MOUNT P.O., KOTTAYAM-686006, REPRESENTED BY ITS DIRECTOR.

¶8

BY ADVS. SMT.P.VIJAYAMMA SRI.U.K.DEVIDAS SRI.DENNY DEVASSY SRI.V.KRISHNA MENON

¶9

RESPONDENTS:

¶10

1 THE EMPLOYEES PROVIDENT FUND ORGANIZATION SUB REGIONAL OFFICE, KOTTAYAM-686001.

¶11

2 THE ASSISTANT PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, KOTTAYAM-686001.

¶12

BY ADV SRI.JOY THATTIL ITOOP, SC, EPF

¶13

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) No.4581/2016

JUDGMENT

Petitioner, a Private Limited Company carrying on the activity of newspaper publication under the name and style Mangalam Publications had incurred liability under Section 7A of the Employees Provident Funds and Miscellaneous Provisions Act, 1952. On account of delayed payment under Section 7A, proceedings under Sections 14B and 7Q of the EPF Act, 1952 were initiated. The present petition pertains to challenge of the order dated 15.1.2016 issued under Section 7Q of non payment of the interest of Rs.1,87,530/-. The Writ Petition pertains to 2016 and since then there has been an interim order on deposit of half of the amount demanded. This Court has not been apprised whether half of the amount has been deposited as the counsel for the EPF is not in a position to apprise. But since no further action has been taken, amount might have been deposited.

¶18

Without expressing any opinion on the merit, considering the peculiar facts and circumstances, I dispose of the Writ Petition by directing the petitioner to deposit the outstanding amount in seven instalments and if half of the amount has

¶19

¶20

WP(C) No.4581/2016

¶21

already been deposited, the balance amount would be paid in five instalments. In case of default of any two instalments, the respondents shall be at liberty to take action in accordance with law.

Sd/-

AMIT RAWAL JUDGE

csl

WP(C) No.4581/2016

APPENDIX OF WP(C) 4581/2016

¶28

PETITIONER'S EXHIBITS

¶29

EXHIBIT P1: TRUE COPY OF THE NOTICE OF THE SECOND RESPONDENT DATED 18.9.2015. EXHIBIT P2: TRUE COPY OF THE PRELIMINARY OBJECTION OF THE PETITIONER DATED 19.10.2015. EXHIBIT P3: TRUE COPY OF THE ORDER DATED 15.1.2016 UNDER SECTION 7Q. EXHIBIT P4: TRUE COPY OF THE ORDER DATED 15.1.2016 UNDER SECTION 17B. EXHIBIT P5: TRUE COPY OF THE JUDGMENT DATED 8.4.2015 IN WPC NO.11527 OF 2015. EXHIBIT R1(A) TRUE COPY OF THE OFFICE NOTE SHEET PAGE NO.35 OF THE 2ND RESPONDENT.

Mangalam Publications(India) Pvt. Ltd. v. the Employees Provident Fund Organization

Case brief

What is this about?

What did the court decide?

Mangalam Publications(India) Pvt. Ltd. v. the Employees Provident Fund Organization

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

Case details

Similar cases

K.v.Syed Mohammed Vs State of Kerala

Riyas Karuvankavil Vs the Kerala State Electricity Board Limited

Sanjay Batra Alias Sanjay Panjabi Vs State of Kerala

R.Murugan, Vs N.O.Pratheesh

George Thomas Vs Dr. M.B.Gopalakrishnan

Anwar Tharakkal Vs the Assistant Provident Fund Commissioner