Disposed

Kerala State Cashew Development Corporation v. Regional Pf Commissioner

Kerala HC9 Aug 2023WP(C)/12933/2021

Case brief

AI extract

What is this about?

The petitioner sought a direction to pay levied damages via installments. The court allowed payment in ten equal monthly installments starting 01.09.2023, kept recovery proceedings in abeyance, and warned of further action upon default of two installments.

What did the court decide?

Direction to pay levied amount in ten equal monthly installments; recovery proceedings kept in abeyance.

Kerala State Cashew Development Corporation… — Pension and Retirement Benefits | Kerala HC (2023)

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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 MURALI PURUSHOTHAMAN

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WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945
WP(C) NO. 12933 OF 2021

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PETITIONER:

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KERALA STATE CASHEW DEVELOPMENT CORPORATION
P.B.NO.13, KOLLAM - 1,
REPRESENTED BY ITS MANAGING DIRECTOR,
DR. RAJESH RAMAKRISHNAN,
CASHEW HOUSE, MUNDAKKAL, KOLLAM – 1.

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BY ADVS. VIPIN P.VARGHESE KEVIN MATHEW GEORGE

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RESPONDENTS:

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1REGIONAL PF COMMISSIONER
EPFO, REGIONAL OFFICE,
PONNAMMA CHAMBERS - I,
PARAMESWAR NAGAR,
KOLLAM DISTRICT – 691 001.

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2RECOVERY OFFICER,
EPFO, REGIONAL OFFICE,
PONNAMMA CHAMBERS - I,
PARAMESWAR NAGAR,
KOLLAM DISTRICT – 691 001.

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BY ADVS.
SRI. PIRAPPANCODE V.S.SUDHIR - SC
SRI. K.K.SETHUKUMAR - CGC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 09.08.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C).No.12933 OF 2021

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JUDGMENT

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The petitioner has filed this writ petition challenging Ext.P2 proceedings passed by the 1^st respondent under Section 14B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 levying damages to the tune of Rs.57,15,497/-. Against Ext.P2, the petitioner preferred an appeal before the Central Government Industrial Tribunalcum-Labour Court, Ernakulam and the Tribunal rejected the appeal by Ext.P3. Exts.P2 and P3 orders are impugned in the writ petition.

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When the writ petition came up for consideration today, the learned counsel for the petitioner sought for a direction to pay the amount demanded in Ext.P2 in ten equal monthly installments.

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Heard the learned counsel for the petitioner

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WP(C).No.12933 OF 2021

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and the learned Standing Counsel for the

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respondents.

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In the facts and circumstances of the case, there will be a direction to the petitioner to pay the amount levied as per Ext.P2 in ten equal monthly installments commencing from 01.09.2023. In case the petitioner defaults payment of any two installments, the respondents will be free to proceed against the petitioner in accordance with law. To enable the petitioner to pay the amount covered by Ext.P2 in installments, all recovery proceedings pursuant to Exts.P2 and P3 shall be kept in abeyance.

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The writ petition is disposed of with the above direction.

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Sd/-

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MURALI PURUSHOTHAMAN JUDGE

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SPR

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WP(C).No.12933 OF 2021

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APPENDIX

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PETITIONER’S EXHIBITS:-

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EXHIBIT P1TRUE COPY OF RECOVERY NOTICE DATED
25.01.2021 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P2TRUE COPY OF ORDER DATED 28.05.2019
ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P3COMPUTER COPY OF ORDER DATED 04.01.2021
IN APPEAL NO.300/2019 BEFORE THE CENTRAL
GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-
LABOUR COURT, ERNAKULAM.
EXHIBIT P4TRUE COPY OF THIS HON'BLE COURT'S
JUDGMENT IN WPC 15194/2013, DATED
18.07.2016.
EXHIBIT P5TRUE COPY OF THIS HON'BLE COURT'S
INTERIM STAY ORDER IN WPC 10935/2017
DATED 29.03.2017.
EXHIBIT P6TRUE COPY OF THE PETITIONER'S STATEMENT
OF PROFIT AND LOSSES FOR THE FINANCIAL
YEAR 2018-19 DATED 27.11.2020.
EXHIBIT P7TRUE COPY OF THIS HON'BLE COURT'S
INTERIM STAY ORDER IN WPC 10971/2021
DATED 04.05.2021.
EXHIBIT P8TRUE COPY OF THE JUDGMENT DATED
11/04/2022.
EXHIBIT P9TRUE COPY OF THE NOTICE ISSUED DATED
19/07/2023.

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RESPONDENTS EXHIBITS: NIL.

Kerala State Cashew Development Corporation v. Regional Pf Commissioner

Case brief

What is this about?

What did the court decide?

Kerala State Cashew Development Corporation v. Regional Pf Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

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