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2024 Supreme(Online)(KER) 51245

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
CENTRAL BOARD OF TRUSTEES, EMPLOYEES PROVIDENT FUND – Appellant
Versus
BAKE ‘N’ JOY HOT BAKERY – Respondent


Advocates:
For the Appellants/Petitioners: K.C.SANTHOSHKUMAR
For the Respondents: ATHUL BABU, PRANOY K.KOTTARAM, SIVARAMAN P.L

Table of Content
1. the tribunal's order reduced damages under epf act. (Para 1)
2. petitioner argues damages were justified under epf act. (Para 2)
3. respondent argues tribunal's reasoning was valid. (Para 3)
4. court agrees with tribunal's reduced damages. (Para 4)
5. writ petition dismissed; no interference with tribunal's order. (Para 5)

C.R.

JUDGMENT

The Central Board of Trustees of the Employees Provident Fund has filed this writ petition through the Regional Provident Fund Commissioner, Regional Office, V.K.Complex, Fort Road, Kannur, challenging Ext.P3 order of the Central Government Industrial Tribunal-Cum-Labour Court (in short ‘the Tribunal’), Ernakulam in Appeal No.117 of 2019, which was an appeal filed by the 1st respondent challenging levy of damages under Section 14 (B) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (in short ‘the EPF Act’). Through Ext.P3 order, the Tribunal has reduced the amount of damages to 50% of the amount levied for reasons stated in the order.

2. The learned counsel appearing for the petitioner would submit that the levy of damages under Section 14 (B) of the EPF Act is statutory. It is submitted that this is a case wh

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