IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 14935 of 2008(C)
1. M/S.HAILEYBURIA TEA ESTATE LTD.,
... Petitioner
Vs
1. THE REGIONAL PROVIDENT FUND COMMISSIONER
... Respondent
2. EMPLOYEES PROVIDENT FUND APPELLATE
For Petitioner :SRI.JOSEPH KODIANTHARA
For Respondent :SRI.JOY THATTIL ITOOP, SC, EPF ORGANISA
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :28/05/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) No. 14935 of 2008-C
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Dated this the 28th day of May, 2008
J U D G M E N T
Petitioner is a Plantation Company owning Tea Estates.
Admittedly, for the default committed by it in paying the Provident
Fund dues, Exts.P6 and P7 orders were issued levying damages
under Section 14B of the Employees’ Provident Funds and
Miscellaneous Provisions Act, 1952 (hereinafter referred to as the
“Act”) and interest under Section 7Q of the Act.
2. Petitioner has filed Ext.P8 appeal and with a prayer for
an interim order, and that is pending consideration of the second
respondent but, however, without any orders passed thereon. In so
far as Ext.P7 levying interest is concerned, petitioner submits that
it proposes to move the Government seeking to waive the interest.
It is submitted by the learned counsel that the petitioner faces
threat of recovery proceedings and that is why this writ petition
has been filed.
3. I heard learned counsel for the petitioner and also
learned counsel appearing on behalf of the respondents.
W.P.(C).No.14935/2008-C
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4. In so far as Ext.P6 order issued under Section 14B of the
Act is concerned, the petitioner has already approached the second
respondent Appellate Tribunal by filing Ext.P8 appeal with a prayer
for an interim order. Therefore, it is for the second respondent to
consider Ext.P8 appeal and pass appropriate orders thereon.
5. Accordingly, I direct that the second respondent shall
consider and pass orders on Ext.P8 appeal or on the prayer made
by the petitioner for an interim order as expeditiously as possible
and at any rate, within eight weeks on production of a copy of this
judgment. In the meanwhile, I direct that the proceedings
pursuant to Ext.P6 shall be kept in abeyance.
6. Coming to Ext.P7 order levying statutory interest under
Section 7Q of the Act is concerned petitioner proposes to file an
application before appropriate Government seeking its waiver.
This, the petitioner may do, however, making payment, discharging
the interest liability. It is clarified that any such payment shall be
subject to the outcome of the representation that the petitioner
proposes to file.
Writ petition is disposed of as above.
ANTONY DOMINIC,
Judge
ms