IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 13TH MARCH 2009 / 22ND PHALGUNA 1930 WP(C).No. 7976 of 2009(N) ------------------------- PETITIONER(S): ------------------- THE PLANTATION CORPORATIONOF KERALA LTD., REGD.OFFICE AT PLANTATION CORPORATION BUILDING, KOTTAYAM 686 004 REPRESENTED BY ITS GENERAL MANAGER (F&A), MR.R.KRISHNAMOORTHY. BY ADV. SRI.JOSEPH KODIANTHARA SRI.MATHEWS K.UTHUPPACHAN SRI.TERRY V.JAMES SRI.B.J.JOHN PRAKASH RESPONDENT(S): ------------------- 1. THE REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, CHALAKUZHI BUILDINGS, C.M.S. COLLEGE ROAD, KOTTAYAM 686 001. 2. EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, 7TH FLOOR, 60, SKYLARK BUILDING, NEHRU PLACE, NEW DELHI 110019. SRI.JOY THATTIL ITOOP, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 7976 OF 2009 (N) ==================== Dated this the 13th day of March, 2009 J U D G M E N T Heard both sides. 2. Petitioner is a Government of Kerala Undertaking and an establishment covered under the Employees Provident Fund and Miscellaneous Provisions Act. By Ext.P1 order, an amount of Rs.27,41,740/- was levied on the petitioner as damages under Section 14B of the Act. This order was passed by the 1st respondent. 3. Aggrieved by the said order, Ext.P2 appeal has been filed by the petitioner before the 2nd respondent. The appeal is pending and in the meanwhile, petitioner submits that coercive action in pursuance to Ext.P1 is being taken. It is in these circumstances the writ petition is filed. 4. Admittedly, as is evident from Ext.P2 filed before the 2nd respondent, the appeal filed by the petitioner aggrieved by Ext.P1 is pending. Therefore, in my view, it is premature to seek realisation of the damages that is levied on the petitioner by Ext.P1. WPC 7976/09 :2 : 5. Therefore, the writ petition is disposed of with the following directions. (1) That the 2nd respondent Tribunal before whom Ext.P2 appeal is pending, shall consider and pass orders on Ext.P2, with notice to the petitioner. (2) This shall be done, as expeditiously as possible, at any rate within 3 months of production of a copy of this judgment. (3) It is directed that in the meanwhile, further proceedings for realisation of the amount due under Ext.P1 will be kept in abeyance. ANTONY DOMINIC, JUDGE Rp