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PARAGON BIOMEDICAL INDIA PVT. LTD. versus ASSISTANT PROVIDENT FUND COMMISSIONER

High Court of Kerala

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PARAGON BIOMEDICAL INDIA PVT. LTD. v. ASSISTANT PROVIDENT FUND COMMISSIONER - WP(C) No. 26563 of 2007(K) [2007] RD-KL 17544 (19 September 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 26563 of 2007(K)

1. PARAGON BIOMEDICAL INDIA PVT. LTD.,
... Petitioner

Vs

1. ASSISTANT PROVIDENT FUND COMMISSIONER,
... Respondent

2. THE MANAGER,

3. EMPLOYEES PROVIDENT FUND TRIBUNAL,

4. G4 FACILITY SERVICES(INDIA)PVT. LTD.,

5. DELTA SECURITY AND ALLIED SERVICE,

For Petitioner :SRI.BECHU KURIAN THOMAS

For Respondent :SRI.N.N. SUGUNAPALAN, SC, P.F.

The Hon'ble MR. Justice S.SIRI JAGAN

Dated :19/09/2007

O R D E R

S.SIRI JAGAN,J


================
W.P.(C).No.26563 of 2007
======================

Dated this the 19th day of September 2007



JUDGMENT

The petitioner challenges coercive proceedings for recovery of contribution pursuant to orders under Section 7A of the Employees Provident Funds and Miscellaneous Provison Act, pending appeal filed by the petitioner before the Tribunal. The petitioner submits that the entire amounts have been recovered by resort to proceedings under Section 8F of the Employees Provident Fund and Miscellaneous Provisions Act, 1952. The petitioner submits that the coercive recovery proceedings while the appeal is pending are without jurisdiction. However, for the present the petitioner would be satisfied with a direction that if ultimately the appeal is allowed, the Provident Fund Organisation shall pay interest on the amounts recovered from the petitioner. The learned standing counsel for the Provident Fund Organisation submits that if the appeal is allowed and the amounts recovered become refundable, the Provident Fund Organisation is willing to pay interest on such amounts to the petitioner at the rates of interest given by banks. However, W.P.(C).No.26563/2007 2: since the Provident Fund Organisation recovers interest from the petitioner for late payment of contributions under Section 7Q, I am of opinion that the organisation should also pay interest at the same rate as applicable under Section 7Q. Accordingly holding that if ultimately the petitioner succeeds in the appeal pending before the Tribunal, the Provident Fund Organisation would pay interest to the petitioner on the amounts recovered and refundable, at the rate as applicable for interest under Section 7Q, this writ petition is disposed of. This writ petition is closed.

S.SIRI JAGAN, JUDGE

dvs


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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