The High Court of Kerala dismissed a writ petition filed by Malappuram District Co-operative Bank Ltd. against an order assessing damages under Section 14B of the EPF Act for delayed provident fund contributions.
The writ petition was dismissed without interference with the order of damages under Section 14B of the EPF Act.
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 DINESH KUMAR SINGH
MONDAY, THE 3RD DAY OF JUNE 2024 / 13TH JYAISHTA, 1946
WP(C) NO. 24552 OF 2015
PETITIONER:
GENERAL MANAGER,
MALAPPURAM DISTRICT CO-OPERATIVE BANK LTD.,
NO.4329, MALAPPURAM DISTRICT, PIN-676 505.
BY ADV.
ESM. KABEER
RESPONDENTS:
1REGIONAL PROVIDENT FUND COMMISSIONER,
KOZHIKODE, SUB DIVISIONAL OFFICE,
BHAVISHYANIDHI BHAVAN, ERANHIPALAM P. O.,
KOZHIKODE - 673 004.
2THE KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD,
REPRESENTED BY ITS SECRETARY,
KERALA STATE EMPLOYEES PENSION BOARD, PB NO.85,
KALANIVAS, TC NO.27/156, 157 CHINMAYA LANE,
KUNNUMPURAM AYURVEDA COLLEGE, TRIVANDRUM - 695 001.
BY ADVS.
SRI. THOMAS MATHEW NELLIMOOTTIL – SC - PF
SRI. K. R. SUNIL – SC - CO-OP.EMP.PENSION BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 24552 OF 2015
2
DINESH KUMAR SINGH, J.
W.P.(C) No. 24552 of 2015
Dated this the 3rd day of June, 2024
JUDGMENT
WP(C) NO. 24552 OF 2015
3
SLP No. 37019 of 2012. In the meantime, the 1st respondent issued notice to the petitioner to pay the contribution to the employees provident fund due from July, 2009 onwards. The petitioner challenged the above notice in W.P.(C) No. 17617 of 2012 and it was disposed on 23.10.2013 directing to keep in abeyance all proceedings of the 1st respondent till the disposal of SLP No. 37019 of 2012 by the Supreme Court.
Sd/DINESH KUMAR SINGH JUDGE
Svn
WP(C) NO. 24552 OF 2015
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APPENDIX OF WP(C) 24552/2015
PETITIONER’S EXHIBITS
EXHIBIT P-1 TRUE COPY OF THE ORDER OF THE REGIONAL PROVIDENT FUND COMMISSIONER DATED 26-5-2009EXHIBIT P-2 TRUE COPY OF JUDGMENT IN WPC.NO.33534/2010 AND CONNECTED CASES DATED 31-1-2012.EXHIBIT P-3 TRUE COPY OF JUDGMENT IN WA.NO.1217/2012 AND CONNECTED CASES DATED 27-6-2012.EXHIBIT P-4 TRUE COPY OF JUDGMENT IN WPC.NO.17617/2012 DATED 23-10-2013.EXHIBIT P-5 TRUE COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT DATED 24-7-2015.2 issues framed by the court
Whether the writ petition challenging damages under Section 14B of the EPF Act for delayed contribution deserves interference.
Whether the controlling authority's assessment of damages under Section 14B of the EPF Act is legally sustainable.
1 provisions across 1 enactments
General Manager, Malappuram District Co-operative Bank Ltd.
Regional Provident Fund Commissioner, Kozhikode
The Kerala State Co-operative Employees Pension Board
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court