IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 WP(C).No. 22944 of 2008(F) -------------------------- PETITIONER: ------------ KERALA STATE HANDLOOM DEVELOPMENT CORPORATION LIMITED, P.M.32/249, THILLERI ROAD, KANNUR - 1, REPRESENTED BY ITS MANAGING DIRECTOR MR.ARUL SELVAN. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.ANIL D. NAIR RESPONDENT: ------------------ THE ASST.PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, P.B.NO.117, KANNUR - 670 001. BY SRI. R. SUDHEER -SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No. 22944 OF 2008 ---------------------------------------- Dated this the 30th day of July, 2008 JUDGMENT The petitioner is an establishment covered under the Employees Provident Funds and Miscellaneous Provisions Act. For delay in payment of contributions under the Act, proceedings under Section 14B of the Act for imposing damages were initiated, which ended in Ext.P3 order. Ext.P3 order was an ex parte order. Therefore, invoking Section 7A (4) of the Act, the petitioner filed Ext.P4 application for setting aside the ex parte order and considering the same on merits, after hearing the petitioner also. That petition is pending. In the meanwhile, the petitioner apprehends coercive proceedings for recovery of the amount due under Ext.P3 order. 2. In the above circumstances, the petitioner seeks a direction to the respondent to consider Exts.P4 and pass appropriate orders thereon and to stay coercive recovery of amounts covered by Ext.P3 in the meanwhile. W.P.(c)No.22944/08 2 3. I have heard the learned standing counsel appearing for the Provident Fund Organisation also. In the facts and circumstances of the case, I dispose of this writ petition with the following directions. The respondent shall consider and pass appropriate orders on Ext.P4 application, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. Till orders are so passed, further proceedings pursuant to Ext.P3 order shall be kept in abeyance. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.22944/08 3