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2025 DAILYLAW 4116 (KER)

K.PRADEEP KUMAR v. STATE OF KERALA

WP(C)/9012/2025 · 2025-04-01

Murali Purushothaman

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP(C) NO. 9012 OF 2025 : 1 : 2025:KER:27724 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 9012 OF 2025 PETITIONERS: 1 K.PRADEEP KUMAR, AGED 44 YEARS S/O. BHANU PRAKASH, KIZHAKKE KANDATH HOUSE, VELAPPAYA, MEDICAL COLLEGE P.O., THRISSUR DISTRICT., PIN - 680596 2 INDIAN COFFEE HOUSE EMPLOYEES UNION, KOTTAYAM, REPRESENTED BY ITS SECRETARY, C.K.RAJESH, S/O. KUMARAN, CHEMPANKULAM HOUSE, AYYAPPANCOVIL P.O., MARYKULAM, IDUKKI DISTRICT., PIN - 685602 BY ADVS. M.SASINDRAN T.S.BHARATH KRISHNA RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY SECRETARY TO THE GOVERNMENT DEPARTMENT OF LABOUR AND SKILLS, SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001 2 INDIAN COFFEE BOARD WORKERS CO-OPERATIVE SOCIETY LTD.NO.4227 P.B. NO.14, HEAD OFFICE VELIYANNUR, THRISSUR , REPRESENTED BY ITS SECRETARY., PIN - 680596 3 EMPLOYEES PROVIDENT FUND TRUST WP(C) NO. 9012 OF 2025 : 2 : 2025:KER:27724 INDIAN COFFEE BOARD WORKERS CO-OPERATIVE SOCIETY LTD.NO.4227, P.B. NO.14, HEAD OFFICE VELIYANNUR, THRISSUR., PIN - 680596 4 EMPLOYEES PROVIDENT FUND ORGANIZATION (HEAD OFFICE) BHAVISHYA NIDHI BHAWAN, 14, BHIKAIJI CAMA PLACE, NEW DELHI, REPRESENTED BY ITS SECRETARY., PIN - 110066 5 EMPLOYEES PROVIDENT FUND ORGANIZATION (ZONAL OFFICE), BHAVISHYA NIDHI BHAWAN, P.B.NO. 1016, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS ADDITIONAL CENTRAL PROVIDENT FUND COMMISSIONER., PIN - 695004 *6 THE REGIONAL PROVIDENT FUND COMMISSIONER REGIONAL PROVIDENT FUND ORGANISATION, REGIONAL OFFICE, KOCHI (*ADDL.R6 IS SUO MOTU IMPLEADED AS PER ORDER DATED 06/03/2025 IN WPC 9012/25) BY ADVS. V.RAJENDRAN (PERUMBAVOOR) V.JOHN MANI N.RAJESH(K/1717/1999) GOPAKUMAR P.(K/1116-C/2011) R BY SR.GP SRI.V.K.SUNIl THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 9012 OF 2025 : 3 : 2025:KER:27724 JUDGMENT The 1st petitioner is an employee of the 2nd respondent Society and the 2nd petitioner is a trade union. They have preferred Ext.P3 representation before the 1st respondent seeking to cancel the exemption granted to the 2nd respondent under Section 17(1)(a) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. 2. When this writ petition came up for consideration on 06.03.2025, this Court directed the learned Government Pleader to ascertain the status of Ext.P3. WP(C) NO. 9012 OF 2025 : 4 : 2025:KER:27724 3. The learned Government Pleader, on instructions, submits that Ext.P3 as well as the application of the Society for extension of exemption is pending consideration before the Government and remarks thereon have been called for from the additional 6th respondent. It is further submitted that as soon as the remarks are obtained from the additional 6th respondent, orders will be passed on Ext.P3. 4. In the facts and circumstances of the case, there will be a direction to the additional 6th respondent to submit their remarks on Ext.P3, within a period of three weeks from the date of receipt of a copy of this judgment. On receipt of such remarks, the 1st respondent shall pass orders WP(C) NO. 9012 OF 2025 : 5 : 2025:KER:27724 on Ext.P3, in accordance with law, within a period of one month therefrom. The writ petition is disposed of accordingly. Sd/- MURALI PURUSHOTHAMAN JUDGE SB WP(C) NO. 9012 OF 2025 : 6 : 2025:KER:27724 APPENDIX PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTIFICATION NO.SO.1433(E) DATED 29.05.2015 ISSUED BY THE MINISTRY OF LABOUR AND EMPLOYMENT, GOVERNMENT OF INDIA Exhibit P2 A TRUE COPY OF THE REPORT NO.M258/2024 DATED 20.02.2024 SUBMITTED BY THE CO-OPERATIVE AUDIT JOINT DIRECTOR, THRISSUR Exhibit P3 A TRUE COPY OF THE PETITION DATED 08.05.2024 PREFERRED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT. Exhibit P4 A TRUE COPY OF THE JUDGMENT DATED 05.06.2024 IN WPC.NO. 18980/2024