The petitioner sought a writ of mandamus directing the Respondents to furnish copies of orders relating to the levy of interest and damages under the Employees Provident Fund Act, 1958. The Court examined the counter affidavit and found no merit in the petition.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
MONDAY, THE 1ST DAY OF APRIL 2024 / 12TH CHAITHRA, 1946 WP(C) NO. 8273 OF 2018
PETITIONER/S:
KERALA STATE CASHEW WORKERS APEX INDUSTRIAL COOPERATIVE SOCIETY LTD. (CAPEX), P.B. NO.262, R.R.BUILSINF, CANTONMENT WARD, KOLLAM-691001, REPRESENTED BY ITS MANAGING DIRECTOR, R. RAJESH
BY ADV SRI.M.K.CHANDRA MOHANDAS
RESPONDENT/S:
1 THE REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION, REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM - 695 004.
2 THE ASSISTANT PROVIDENT FUND COMMISSIONER & RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANIZATION, REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM - 695 004.
3 STATE BANK OF INDIA, BEACH ROAD BRANCH, KOLLAM, REPRESENTED BY ITS BRANCH MANAGER, PIN : 691 002.
BY ADVS. SRI.PIRAPPANCODE V.S.SUDHIR,SC,EPF ORGN SRI.JAWAHAR JOSE, SC, SBI
SRI. S. SUJIN, SC, EPFO
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P. (C) No.8273 of 2018
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EASWARAN S. , J.
W.P. (C) No.8273 of 2018
Dated this the 1st day of April 2024
JUDGMENT
The challenge in this writ petition is with regard to the levy of interest under Section 7Q of the Employees Provident Fund Act, 1958 ('EPF Act', for short).
W.P. (C) No.8273 of 2018
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Ext.R1(a) order passed against the petitioner and also Ext.R1(b), copy of the letter dated 17.8.2017 wherein, the petitioner has requested for a period of two months for remitting the remaining amount as well.
Accordingly the writ petition is dismissed.
Sd/- EASWARAN S. JUDGE
NS
W.P. (C) No.8273 of 2018
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APPENDIX OF WP(C) 8273/2018
PETITIONER EXHIBITS
EXHIBIT P1 A COPY OF THE JUDGMENT DATED 25/11/2015 IN W.P(C)NO.25243/2015. EXHIBIT P2 A COPY OF LETTER NO.CAPEX/PF/2017-18 DATED 21/08/2017.
EXHIBIT P3 A COPY OF THE LETTER NO.CAPEX/PF/2017-18 DATED 05/10/2017. EXHIBIT P4 A COPY OF THE LETTER NO.AGM/KLM/1 DATED 9/8/2017 OF THE SBI. EXHIBIT P5:A COPY OF THE LETTER N.AGM/KLM/1/200 DATED 22/12/2017 OF THE SBI. EXHIBIT P6:B A COPY OF LETTER NO.CAPEX/EPF/2017-18 DATED 28/12/2017.
RESPONDENT EXHIBITS
EXHIBIT R1(a) TRUE COPY OF THE DETAILS OF THE INQUIRY CONDUCTED AND THE ORDERS ISSUED IN RESPECT OF VARIOUS UNITS.
EXHIBIT R1(b) TRUE COPY OF THE LETTER NO.CAPEX/EPF/2017 DATED 17.08.2017 OF THE PETITIONER.
EXHIBIT R1(c) TRUE COPY OF THE ORDER NO.KR/KLM/1231/PD/2016-17 DATED 25.11.2016 ISSUED UNDER SECTION 14B OF THE ACT, IN RESPECT OF M/S.CHENGAMANAD CWIC LTD. CHENGAMANAD.
EXHIBIT R1(d) TRUE COPY OF THE ORDER NO.KR/KLM/1231/7Q INT/2016-17 DATED 25.11.2016, ISSUED UNDER SECTION 7Q OF THE ACT, IN RESPECT OF M/S. CHENGAMANAD CWIC LTD., CHENGAMANAD.
EXHIBIT R1(e) TRUE COPY OF THE ACKNOWLEDGEMENT MEMO EVIDENCING THE RECEIPT OF EXT.R1(C) ORDER ISSUED UNDER SECTION 14B OF THE ACT, BY THE CHENGAMANAD CWIC SOCIETY LTD.
1 issue framed by the court
Whether the High Court should issue a writ of mandamus directing the Respondent to furnish copies of orders under Sections 7A, 7B, and 14B of the EPF Act.
2 provisions across 1 enactments
KERALA STATE CASHEW WORKERS APEX INDUSTRIAL COOPERATIVE SOCIETY LTD.
THE REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION
THE ASSISTANT PROVIDENT FUND COMMISSIONER RECOVERY OFFICER
STATE BANK OF INDIA
EASWARAN S.
As recorded by the court registry
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