2025:KER:28072 WP(C) No.13485 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN WEDNESDAY, THE 2 ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 13485 OF 2025 PETITIONER: KERALA STATE CASHEW DEVELOPMENT CORPORATION LTD, REP. BY ITS MANAGING DIRECTOR P.B.NO.13,CASHEW HOUSE, MUNDAKKAL, KOLLAM, PIN - 691001 BY ADVS. SRI.VIPIN P.VARGHESE, SC, KERALA STATE CASHEW DEVELOPMENT CORPORATION LTD. ADARSH MATHEW ANIRUDH G. KAMATH AGUSTHO NORBERT ANNA B. MEGHA MADHAVAN RESPONDENT: REGIONAL PROVIDENT FUND COMMISSIONER, KOLLAM EMPLOYEES PROVIDENT FUND ORGANISATION, REGIONAL OFFICE, PONNAMMA CHAMBERS - I, PARAMESWAR NAGAR, KOLLAM, PIN - 691001 BY SRI.PIRAPPANCODE V.S. SUDHEER, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28072 WP(C) No.13485 of 2025 2 JUDGMENT The petitioner is a Corporate entity fully owned by the Government of Kerala and operates 30 cashew factories across the State. The respondent is an authorized officer of the Employees’ Provident Fund Organization with the authority to impose damages under Section 14B of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as ‘the Act’). 2. Alleging default in payment of contribution under the Act for the period from 01.04.2021 to 30.09.2024 (wage months 09/2014 to 06/2022) in respect of Factory No.20 of the petitioner at Elampalloor, Kollam, the respondent issued Ext.P10 proceedings levying damages to the tune of Rs.4,65,271/- under Section 14B of the Act. 3. According to the petitioner, the delay in the payment of contributions under the Act is due to the financial doldrums faced by the petitioner and is not willful. 4. Challenging Ext.P10, the petitioner preferred an appeal before the Central Government Industrial Tribunal cum Labour 2025:KER:28072 WP(C) No.13485 of 2025 3 Court, Ernakulam (for short, ‘the Tribunal’) under Section 7(I) of the Act. The petitioner has also filed stay petition along with the appeal. The appeal has been numbered as Appeal No.14 of 2025. 5. The learned counsel for the petitioner submits that no presiding officer is appointed for the Tribunal and the Tribunal is not presently functional. In the meantime, steps are being taken to implement Ext.P10. 6. Though the petitioner has already invoked the statutory remedy under Section 7(I) of the Act, the appeal as well as the stay petition is not taken up for consideration since the Tribunal is not functional. 7. Accordingly, there will be a stay of further proceedings pursuant to Ext.P10 till the Tribunal becomes functional and the stay petition accompanying Appeal No.14 of 2025 is heard and disposed of. The writ petition is disposed of with the above direction. Sd/- MURALI PURUSHOTHAMAN JUDGE smp 2025:KER:28072 WP(C) No.13485 of 2025 4 APPENDIX OF WP(C) 13485/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE PROFIT AND LOSS STATEMENTS SHOWING THE SAME FOR THE YEAR 2014-2015 Exhibit P2 THETRUE COPY OF THE PROFIT AND LOSS STATEMENTS OF THE YEAR 2015-16 SHOWING THELOSS FACED BY THE CORPORATION Exhibit P3 THE TRUE COPY OF THE PROFIT AND LOSS STATEMENTS OF THEYEAR 2016-17 Exhibit P4 THE TRUE COPY OF THE PROFIT AND LOSS STATEMENTS OF THE YEAR 2017-18 Exhibit P5 THE TRUE COPY OF THE PROFIT AND LOSS STATEMENT OF THE YEAR 2018-2019 Exhibit P6 THE TRUE COPY OF THE STATEMENT OF PROFIT AND LOSS OF THE YEAR 2019-2020 Exhibit P7 THE TRUE COPY OF THE STATEMENT OF PROFIT AND LOSS SHOWING THE LOSS SUFFERED FOR THE YEAR 2020-2021 Exhibit P8 THE TRUE COPY OF THE STATEMENT OF PROFIT AND LOSS FORTHE YEAR 2021-2022 Exhibit P9 THE TRUE COPY OF THE PROVISIONAL MANUFACTURING, TRADING AND PROFIT & LOSS ACCOUNT FOR THE YEAR 2023 Exhibit P10 THE TRUE COPY OF THE RESPONDENT’S ORDER KR/KLM/1491B/PENAL ~DAMAGES/DIARY NO. 82/2024 DATED 05.12.2024 2025:KER:28072 WP(C) No.13485 of 2025 5 Exhibit P11 THE TRUE COPY OF THE JUDGMENT DATED 19.12.2024 IN WP (C) 454590F 2024 Exhibit P12 THE TRUE COPY OF THE JUDGMENT DATED 19.12.2024 IN WP(C) 454610F 2024