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2025 Supreme(Ker) 1265

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DINESH KUMAR SINGH, J
Kerala State Co-Operative Bank Ltd. – Appellant
Versus
Regional Provident Fund Commissioner Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : GILBERT GEORGE CORREYA, SMT.N.S.HASNA MOL, SMT.RESHMA RAJU,SMT.P.SREELAKSHMI
For the Respondent: SRI.N.N.SUGUNAPALAN (SR.), SRI.S.SUJIN, SC, EPFO, NITA N.S, SC

JUDGMENT :

DINESH KUMAR SINGH, J.

1. Heard Mr. Gilbert George Correya learned Counsel for the petitioner and Ms. Nita N. S. for the respondent.

2. The present writ petition has been filed impugning Exhibit P-7 proceedings and Exhibit P-8 demand notice issued by the Employees Provident Fund Commissioner, Thiruvananthapuram dated 14.01.2016 demanding damages under Section 14B of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the ‘EPF Act’ for short) and the interest under Section 7Q of the EPF Act for alleged default in making the contribution of PF by the Bank and delay in making the contribution.

3. After the Kerala State Co-operative Bank and District Co- operative Bank Employees’ Self Financing Pension Scheme, 2005 (hereinafter referred to as the ‘Scheme of 2005’ for short) was promulgated by the State Government w.e.f. 01.04.2005 for the employees of the Co-operative Bank, the petitioner Bank moved an application under Section 16(1)(b) of the EPF Act for granting exclusion from making payment of PF contribution in the EPF Scheme of the EPF Act. The petitioner’s application was considered by the Provident Fund Commissioner and vide the

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