High Court Kerala High Court

M/S.Haileyburia Tea Estate Ltd vs The Regional Provident Fund … on 28 May, 2008

Kerala High Court
M/S.Haileyburia Tea Estate Ltd vs The Regional Provident Fund … on 28 May, 2008
       

  

  

 
 
  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.

                  ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
                    W.P.(C) No. 14935 of 2008-C
                  ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

                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
-: 2 :-

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