Seeking Help: Can Anyone Share the 2003 Kerala High Court Judgment on EPF & MP Act?

Hi friends,

I would feel enlightened if I may be supplied with a copy of the judgment of the Kerala High Court reported as 2003 (1) LLN 692 in the case of K.V. Joseph versus Regional Provident Fund Commissioner, Ernakulam.

Bye,
Puneet Gupta

Many, many, many thanks for posting the relevant judgment. It will be beneficial for many if the judgment in O.P. No. 1149/1991 is also posted. Is there any other judgment similar to the above from any High Court and/or (preferably) the Honorable Supreme Court? If so, these may also be referenced.

Regards

Refer to the note above; it will be beneficial for many if the judgment in O.P. No. 1149/1991 is also posted. Are there any other judgments similar to the above from any High Court and/or (preferably) the Honorable Supreme Court? If so, these may also be referred to.

Regards

Hello,

I have a factory which has been under liquidation since 2001. Recently (2008), the company has come out of liquidation under the Mumbai High Court's orders.

However, now in April 2009, we have received a demand notice from the ESIC under sec 14(b) to pay interest on delayed payment and damages thereof (period 1991 - 2001). Failure to do this will attract action as under sec 14(B).

Further facts in our case are that our bank had gone into DRT for recovery proceedings and subsequently sold the assets to Arcil. Arcil is in the process of selling the factory premises under SARFASI Act to a third party where we have provided no objection.

So my query is:

- Are we liable to pay this demand notice?
- In case we ignore this notice, what action is possible against us under this section 14(b)?
- Will the new owners of the premises (not the company though) be liable to pay?

I solicit responses from experts in this Act.

Regards,
Rahul