Disposed

M/S. Vodafone Idea Limited(Formerly Known as Idea Cellular Ltd.), v. the District Executive Officer

Kerala HC19 May 2022WP(C)/5195/2022

Case brief

AI extract

What is this about?

This Single Bench disposed of writ petitions challenging demand notices for Workers Welfare Fund charges. The Court held that where establishments are covered under the EPF Act, authorities must keep proceedings in abeyance pending the adjudication of a pending Division Bench appeal on the same legal issue.

What did the court decide?

Directed respondents to keep demand notices in abeyance until the adjudication of the pending Writ Appeal No.709 of 2013.

M/S. Vodafone Idea Limited(Formerly Known as… — 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 19TH DAY OF MAY 2022 / 29TH VAISAKHA, 1944

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WP(C) NO. 16198 OF 2022

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PETITIONER:

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M/S. VODAFONE IDEA MANPOWER SERVICES LTD,
FORMERLY KNOWN AS M/S. IDEA CELLULAR SERVICES LTD),
V J TOWER SERVICE ROAD, VYTILLA P.O., ERNAKULAM 682
019, REP. BY ITS AUTHORISED SIGNATORY ASHA G NAIR, AGED
44 YEARS, W/O. ANIL G. NAIR, V.J. TOWER, SERVICE ROAD,
VYTTILLA P.O. ERNAKULAM 682 019.

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BY ADVS.
P.SATHISAN
DONA AUGUSTINE
BIJU P.PAUL

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RESPONDENTS:

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1 THE DISTRICT EXECUTIVE OFFICER, KERALA SHOPS AND COMMERCIAL ESTABLISHMENT, WORKERS WELFARE FUND BOARD, 2ND FLOOR, SANKOORIKKAL BUILDING, KALOOR KATHRIKADAVU ROAD, KALOOR P.O., COCHIN 17.

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2 THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, BHAVISHYANIDHI BHAVAN, KALOOR P.O., KOCHI 682 017.

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BY ADV V.JOHN MANI
SRI T P PRADEEP, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.05.2022, ALONG WITH WP(C).5195/2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) Nos.16198 & 5195 of 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 19TH DAY OF MAY 2022 / 29TH VAISAKHA, 1944

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WP(C) NO. 5195 OF 2022

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PETITIONER:

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M/S. VODAFONE IDEA LIMITED(FORMERLY KNOWN AS
IDEA CELLULAR LTD.),
VJ TOWER, SERVICE ROAD, VYTILLA P.O.,
ERNAKULAM-682 019,
REPRESENTED BY ITS GENERAL MANAGER LEGAL,
RAJESH.M.V., AGED 50 YEARS, S/O.M.V.RAGHAVAN,
RESIDING AT VILLA NO.42, ASSET KASAVU,
TOG ROAD, SOUTH KALAMASSERY, COCHIN.

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BY ADVS.P.SATHISAN
DONA AUGUSTINE

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RESPONDENTS:

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1 THE DISTRICT EXECUTIVE OFFICER, KERALA SHOPS AND COMMERCIAL ESTABLISHMENT WORKERS WELFARE FUND BOARD, 2ND FLOOR, SANKOORIKKAL BUILDING, KALOOR KATHIRKADAVU ROAD, KALOOR P.O., COCHIN-17.

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2 THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, BHAVISHYANIDHI BHAVAN, KALOOR P.O., KOCHI, KERALA-682 017.

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BY ADV S.PRASANTH
SRI T P PRADEEP, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 19.05.2022, ALONG WITH WP(C).16198/2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) Nos.16198 & 5195 of 2022

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JUDGMENT

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This order of mine shall dispose of two writ petitions W.P.(C) Nos. 16198 of 2022 and 5195 of 2022 filed by the petitioner challenging the demand notices dated 10.02.2022 in the first writ petition and 05.01.2022 in the second writ petition, raised by the District Executive Officer under the Kerala Shops and Commercial Establishments Workers Welfare Board.

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The short point involved in this matter is that the petitioner is an associate company of M/s.Vodafone Idea Ltd., a Telecom Service Provider issued a licence under Section 4 of the Indian Telegraph Act and rendering man power services across various circles where Vodafone Idea Limited functions. The provisions of the Central Act namely Employees Provident Fund and Miscellaneous Provisions Act, 1952 (hereinafter referred to as ‘the EPF Act’, for short) are applicable to the company and the employees are covered under the

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WP(C) Nos.16198 & 5195 of 2022

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Central Act as per the fund board number issued vide letter dated 15.01.2008. It is settled law that once the establishment and the employees are covered under the Central Act, they are not liable to pay the charges under the Kerala Shops and Commercial Establishments Workers Welfare Board. On receipt of the demand specific rely was issued by relying upon the judgments on this point but there is apprehension of the respondents taking steps to recover the amount necessitating the petitioner to approach this Court.

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On the other hand, learned counsel representing the respondents submits that the judgment rendered by the Single Bench of this Court in W.P.(C) No.26043 of 2011 V.K.Kalliani V. District Executive Officer and Another is already under challenge before the Division Bench of this Court in Writ Appeal No.709 of 2013 and is pending consideration though there is no interim order.

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I have heard learned counsel for the parties

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WP(C) Nos.16198 & 5195 of 2022

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and appraised the paper books.

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Once the demand is issued and reply submitted by giving detail reasons and explanations enclosing the copy of the registration under the EPF Act, the authorities are not required to proceed further and keep the proceedings in abeyance till the adjudication of the Writ Appeal bearing No.709 of 2013. In case the respondents succeed in the pending Writ Appeal, of course, they can proceed under the Act for recovery of the amount subject to the further challenge by the affected parties but till such time, the judgment of this Court that the respondents cannot charge the amount against the establishments who are covered under the EPF Act, shall hold the field.

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In this view of the matter, these writ petitions are disposed of with directions to the respondents to keep the demand notices in abeyance in all the cases where the respondents have duly submitted reply and given the proof and explanation of registration under the EPF Act

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WP(C) Nos.16198 & 5195 of 2022

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till the adjudication of the matter pending in Writ Appeal

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No.709 of 2013.

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Sd/-

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AMIT RAWAL

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JUDGE

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vv

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WP(C) Nos.16198 & 5195 of 2022

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APPENDIX OF WP(C) 5195/2022

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF THE CERTIFICATE OF
INCORPORATION PURSUANT TO CHANGE OF
NAME OF PETITIONER COMPANY DATED
31.08.2018.
Exhibit P2TRUE COPY OF THE PROVIDENT FUND CODE
NUMBER INTIMATION LETTER
NO.1180740169BAN DATED 26.03.2015.
Exhibit P3TRUE COPY OF THE AUTHENTICATED
STATEMENT OBTAINED FROM KERALA SHOPS
AND COMMERCIAL ESTABLISHMENTS WORKERS
WELFARE FUND BOARD.
Exhibit P4TRUE COPY OF THE DEMAND NOTICE ISSUED
BY THE 1ST RESPONDENT TO THE
PETITIONER DATED 05.01.2022 WITH
TRANSLATION.
Exhibit P5TRUE COPY OF THE LETTER ISSUED BY THE
PETITIONER BEFORE ETHE 1ST RESPONDENT
DATED 09.02.2022 ALONG WITH ITS POSTAL
RECEIPT.

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WP(C) Nos.16198 & 5195 of 2022

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APPENDIX OF WP(C) 16198/2022

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF THE RELEVANT EXTRACT OF
CERTIFICATE OF INCORPORATION OF
PETITIONER COMPANY.

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Exhibit P2TRUE COPY OF THE PROVIDENT FUND CODE
NUMBER INTIMATION LETTER DATED
15.01.2008.

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Exhibit P3TRUE COPY OF THE AUTHENTICATED
STATEMENT OBTAINED FROM WEB SITE OF
IST RESPONDENT DATED 21.02.2022.

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Exhibit P4TRUE COPY OF THE DEMAND NOTICE DATED
10.02.2022 ISSUED BY IST RESPONDENT.

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Exhibit P5TRUE COPY OF THE REPRESENTATION DATED
21.02.202 ALONG WITH ITS POSTAL
RECEIPT.

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Exhibit P6TRUE COPY OF THE INTERIM ORDER IN WPC
NO. 5195 OF 2022 DATED 16.02.2022.

M/S. Vodafone Idea Limited(Formerly Known as Idea Cellular Ltd.), v. the District Executive Officer

Case brief

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M/S. Vodafone Idea Limited(Formerly Known as Idea Cellular Ltd.), v. the District Executive Officer

Case brief

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