IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 WP(C).No. 14725 of 2011(M) --------------------------------------- PETITIONER: ------------------- THE PLANTATION CORPORATION OF KERALA LTD., REGD.OFFICE AT PLANTATION CORPORATION BUILDING, KOTTAYAM-686 004,REPRESENTED BY ITS MANAGING DIRECTOR,MR.SUBAIR KHAN. BY ADVS. SRI.V.ABRAHAM MARKOS, SRI.TERRY V.JAMES. RESPONDENTS: ------------------------ 1. THE REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES'PROVIDENT FUND ORGANISATION,SUB REGIONAL OFFICE,36/685 A,BHAVISHYANIDHI BHAVAN,P.B.NO.1895, KALOOR,KOCHI-682 017,KERALA. 2. EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, SCOPE MINAR,CORE-II,4TH FLOOR, LAKSHMI NAGAR,NEW DELHI-110 092. 3. MINISTRY OF LABOUR,GOVERNMENT OF INDIA, SRAM SHAKTI BHAVAN,NEW DELHI-110 001. R1 BY ADV.DR.S.GOPAKUMARAN NAIR, SENIOR ADVOCATE, ADVS. SRI.A.RAJASIMHAN,S.C, R2 & R3 BY SRI.P.PARAMESWARAN NAIR,A.S.G OF INDIA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.14725/2011-M: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE ORDER NO. KR/KC/2633/PDB/T(2)/2011DTD. 06/05/2011 ISSUED BY THE R.1. EXT.P.2: COPY OF THE APPEAL DTD. 19/05/2011 FILED BY THE PETITIONER BEFORE THE R.2. EXT.P.3: COPY OF THE ORDER NO. KR/KC/2633/DAMAGES CELL/7Q/T(2)/2011 DTD. 06/05/2011 ISSUED BY THE R.1. EXT.P.4: COPY OF THE PETITION DTD. 24/05/11 FILED BY THE PETITIONER BEFORE THE R.3. EXT.P.5.(A): COPY OF THE ORDER DTD. 11/10/2006 IN W.P.(C).NO.26705/2006 OF THIS HON'BLE COURT. EXT.P.5.(B): COPY OF THE ORDER DTD. 20/11/2006 IN W.P.(C).NO.26705/2006 OF THIS HON'BLE COURT. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE Prv. P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.14725 of 2011 ----------------------------------------- Dated this the 13th day of October, 2011 JUDGMENT This writ petition is filed challenging Ext.P1 order passed by the first respondent under section 14-B of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 levying damages and Ext.P3 order demanding payment of interest under section 7Q thereof. The writ petition was filed stating that though Ext.P2 appeal has been filed before the Employees Provident Fund Appellate Tribunal challenging Ext.P1 order passed under section 14B of the Act, even before the Tribunal took up the appeal for consideration, steps were taken to recover the damages and interest levied. Taking note of that fact this Court passed an interim order staying recovery pursuant to Ext.P1 order for a period of two months and directed the Employees Provident Fund Appellate Tribunal to take up the application filed by the petitioner along with Ext.P2 application for waiver of pre-deposit for consideration and pass appropriate orders thereon. 2. When the writ petition came up for hearing today, leaned W.P(C).No.14725 of 2011 -:2:- counsel appearing for the petitioner submitted that pursuant to the interim order passed by this Court, the Employees Provident Fund Appellate Tribunal took up the appeal filed from Ext.P1 order for consideration along with Ext.P2 application filed by him for waiver of pre-deposit and passed an order dated 15.7.2011 granting waiver of pre-deposit. A copy of the said order was also made available to me. By the said order the Tribunal has also stayed recovery pursuant to the impugned order. Such being the situation no further orders are called for in this writ petition. I accordingly close the writ petition reserving liberty with both sides to raise all their contentions in A.T.A.No.431(7)/2011 wherein the validity of Ext.P1 is under challenge. However, in view of the fact that no appeal lies from Ext.P3 order, I direct the petitioner to deposit the sum of Rs.2,60,708/- levied as interest under section 7-Q of the Act within one month from today, if it has not already been deposited, failing which it will be open to the Employees Provident Fund Organization to recover the same in accordance with law. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.14725 of 2011 ---------------------------- JUDGMENT 13th October, 2011