IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WP(C).No. 27007 of 2006(M) ---------------------------------------- PETITIONER(S): ------------------------ K.R. USHASREE, PROPRIETRESS, M/S. SAI EXPORT ENTERPRISES, PRASANTHI NAGAR, MANGAD, KOLLA-15, KERALA. BY ADV. SRI.NAVEEN.T RESPONDENT(S): ----------------------- 1. THE ASSISTANT PROVIDENT FUND COMMISSIONER, BHAVISHYANIDHI BHAVAN, PATTOM PALACE P.O., THIRUVANANTHAPURAM-4. 2. THE RECOVERY OFFICER, KERALA LAKSHADWEEP AND MAHE EMPLOYEES PROVIDENT FUND ORGANISATION, BHAVISHYANIDHI BHAVAN, PATTOM PALACE P.O., THIRUVANANTHAPURAM-4. ADV. SRI.N.N. SUGUNAPALAN, SC, P.F. FOR R1 & R2 SMT.T.N.GIRIJA, SC,EPF ORGANISATION FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.27007 of 2006 ---------------------------------------------- Dated 10th November, 2008. J U D G M E N T Petitioner approached this court aggrieved by the steps taken by the respondents for recovery of damages under Section 7Q and interest under Section 14B of the Employees Provident Funds and Miscellaneous Provisions Act. It is the contention of the petitioner that the respondents have not applied their mind and consequently there is overlapping. Learned Standing Counsel submits that only because the petitioner did not avail the opportunity extended to her, the first respondent had to pass the order. Having heard counsel on both sides, I am of the view that this is a case where the petitioner should be given a fresh opportunity before the first respondent. Accordingly, the writ petition is disposed of as follows :- The petitioner will present herself or through a duly authorized agent before the first respondent on 10.12.2008, on which date, or any date thereafter fixed by the first respondent, the petitioner will be given an opportunity to produce the documents and for hearing. The first respondent shall pass fresh WP NO.27007/06 2 orders in the matter ignoring the orders already passed, within another two months. Till orders are passed as above, there shall be no recovery. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.27007 of 2006 ---------------------------------------------- J U D G M E N T Dated 10th November, 2008.