IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 WP(C).No. 30628 of 2009(W) -------------------------- PETITIONER(S): --------------- MANOJ.K, AGED 40 YEARS, S/O. KUNJUKUNJU, PROPRIETOR, M/S. MOUNT MORIA CASHEWS, MELAKKADU, KOTTUKKAL.P.O, P.O. ANCHAL, KOLLAM DISTRICT, KERALA. BY ADV. SRI.RAJA VIJAYARAGHAVAN SRI.R.RANJITH RESPONDENT(S): --------------- 1. THE EMPLOYEES PROVIDENT FUND ORGANISATION, BHAVISHYANIDHI BHAVAN, P.B. NO. 1016, THIRUVANANTHAPURAM REPRESENTED BY ITS COMMISSIONER. 2. THE ASSISTANT PROVIDENT FUND COMMISSIONER, THE EMPLOYEES PROVIDENT FUND ORGANISATION, BHAVISHYANIDHI BHAVAN, P.B. NO. 1016, PATTOM, THIRUVANANTHAPURAM - 695 004. 3. REGIONAL PROVIDENT FUND COMMISSIONER II, EMPLOYEES PROVIDENT FUND ORGANISATIONS, SUB REGIONAL OFFICE, OLD MUNICIPAL BUILDING, CHINNAKKADA, KOLLAM. 4. THE RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANISATION, BHAVISHYANIDHI BHAVAN, P.B. NO. 1016, PATTOM, THIRUVANANTHAPURAM-695 004. ADV. SRI. V.V. SURESH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 30628 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 9th November, 2009. J U D G M E N T The petitioner took a cashew factory on lease. The lease period commenced from 1-3-2006. In an enquiry under Section 7A of the Employees Provident Funds and Miscellaneous Provisions Act conducted by the 2nd respondent in respect of the periods from 4/2004 to 11/2006 and for 12/2006 and 1/2007, the 2nd respondent found that the petitioner is not liable to pay any further contributions in addition to what he has already paid. However, the 3rd respondent initiated proceedings under Section 7C of the Act based on certain alleged inspection reports for the period 2/07 to 5/08, 4/04 to 11/06 and 12/06 to 1/07. Despite the petitioner filing detailed objections, Ext. P2 order was passed directing the petitioner to pay an amount of Rs. 47,59,252/-. The petitioner's review petition was rejected. Against the same, the petitioner filed Ext. P4 appeal before the Provident Fund Appellate Tribunal. Along with the appeal, the petitioner also prayed for interim stay of recovery of the amounts demanded and also for waiving the requirement of pre-deposit of the amounts demanded. They are pending. In the meanwhile, coercive proceedings have been initiated for recovery of the disputed amounts. The same is under challenge before me. 2. I have heard the learned standing counsel for the Provident Fund Organisation also. 3. I am of opinion that now that the petitioner has filed appeal before the Tribunal with prayers for stay of recovery and waiver of pre-deposit, it is appropriate that the respondents keep the recovery proceedings in abeyance till the Tribunal passes orders in the interim prayers. Accordingly, the writ petition is disposed of as follows: W.P.C. No. 30628/09 -: 2 :- The Tribunal shall consider the prayers of the petitioner for stay and waiver of pre-deposit and pass orders thereon as expeditiously as possible. Till orders are thus passed, further recovery proceedings for recovery of the amounts disputed in the appeal shall be kept in abeyance. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.