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2024 Supreme(Online)(KER) 39499

HIGH COURT OF KERALA
ANIL K. NARENDRAN, P. G. Ajithkumar, JJ
PALAKKAD DISTRICT OC-OPERATIVE HOSPITAL AND RESEARCH CENTRE LTD. NO. P878 – Appellant
Versus
EMPLOYEES PROVIDENT FUND ORGANISATION – Respondent


Advocates:
V.N.HARIDAS, SAIFUDEEN T.S, B.SHAMEERA, SRI.ABRAHAM P.MEACHINKARA, SC EPF ORG

JUDGMENT

Anil K. Narendran, J The appellant has filed this writ appeal, invoking the provisions under Section 5 of the Kerala High Court Act, 1958 challenging the judgment dated 11.11.2022 of the learned Single Judge in W.P.(C)No.29331 of 2019 and also the order dated 17.02.2023 in R.P.No.148 of 2023 arising out of that judgment.

2. The appellant, which is a society registered under the Kerala Co-operative Societies Act, approached this Court in W.P.(C)No.29331 of 2019 seeking a writ of certiorari to quash Ext.P10 order dated 31.10.2017 of the 1st respondent Assistant Provident Fund Commissioner, Kozhikode, imposing interest under Section 7A of the Employees Provident fund and Miscellaneous Provisions Act, 1952 to the tune of Rs.11,77,117/- and Ext.P12 communication dated 11.10.2019 of the 1st respondent, which is one issued in terms of the order of Central Government Industrial Tribunal-cum-Labour Courts (CGIT) in Appeal No.1 of 2018 dated 03.06.2018, whereby the appellant was informed that the CGIT vide order dated 03.06.2019 has directed the appellant to remit 60% of the penal damages for the period from 4/2016 to 3/2017, within a period of three months; however, the appellant

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