IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 7479 of 2009(D)
1. M/S. HAILEYBURIA TEA ESTATE LTD.,
... Petitioner
Vs
1. THE REGIONAL PROVIDENT FUND
... 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 :11/03/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C.) No.7479 of 2009
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Dated, this the 11th day of March, 2009
J U D G M E N T
Petitioner is an establishment covered under the provisions of
the Employees Provident Funds and Miscellaneous Provisions Act.
On account of delay in paying the contribution that is due, by Exts.P6
& P7 orders, damages under Section 14B of the Act and interest
under Section 7Q of the Act have been levied on the petitioner.
2. Aggrieved by Ext.P6 order levying damages, they have
filed Ext.P8 appeal before the 2nd respondent Tribunal. Similarly,
aggrieved by Ext.P7, they have filed Ext.P9 representation to the
Ministry of Labour, which has not been impleaded in this writ
petition. Prayer made is to direct consideration of Exts.P8 & P9. The
learned standing counsel for the Organisation objects to the
maintainability of Ext.P9 and contends that only the Employees
Provident Fund Trust can consider the representation. The petitioner
also has not pointed out any provision of law, enabling the
Government of India to interfere with an order levying interest.
3. Taking into account the above, the writ petition is
WP(C) No.7479/2009
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disposed of with the following directions:-
That the 2nd respondent, before whom Ext.P8 appeal against Ext.P6
order levying damages on the petitioner under Section 14B of the
Act has been filed, shall consider Ext.P8 appeal. This shall be done
as expeditiously as possible, at any rate, within three months of
production of a copy of this judgment.
4. Taking into account the objection raised by the learned
standing counsel for the respondents about the maintainability of
Ext.P9, I direct that it will be open to the petitioner to approach the
Employees Provident Fund Trust seeking waiver or revision of
interest. This the petitioner may do within four weeks from today.
It is directed that if an application is received as above, the Trust
shall consider the same and pass orders thereon as expeditiously as
possible.
5. In order to enable the petitioner to pursue the aforesaid
remedies, I also direct that further proceedings pursuant to Exts.P6
& P7 be kept in abeyance for a period of three months from today.
The writ petition is disposed of as above.
(ANTONY DOMINIC, JUDGE)
jg