IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 WP(C).No. 28809 of 2009(U) -------------------------- PETITIONER(S): --------------- M/S.FATHIMA CASHEW INDUSTRIES, KUTTIKKAD, MAYYANAD, KOLLAM, REPRESENTED BY ITS PROPRIETOR, SALIM AHAMED, S/O.LATE AHAMMED KUTTY, M/S.FATHIMA CASHEW INDUSTRIES, KUTTIKKADU, MAYYANAD, KOLLAM. BY ADV. SRI.R.ARUN SRI.LATHEESH SEBASTIAN RESPONDENT(S): --------------- 1. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, OLD MUNICIPAL BUILDING, CHINNAKADA, KOLLAM.01. 2. ENFORCEMENT OFFICER, EMPLOYEES PROVIDENT FUND ORGANIZATION, MANNANIYYA COMPLEX, KOLLAM-01. ADV.T.N.GIRIJA, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.28809 of 2009 ================== Dated this the 13th day of October, 2009 J U D G M E N T The petitioner challenges Ext.P1 order passed by the 1st respondent under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act computing amounts mentioned therein as due from the petitioner towards contributions under the Act. The petitioner filed Ext.P2 petition under Section 7B of the Act on 1.7.2009. The petitioner's grievance is that without disposing of Ext.P2, the respondents are initiating proceedings for recovery of the amounts covered by Ext.P1, which are disputed by the petitioner. The petitioner, therefore, seeks a direction to the 1st respondent to pass orders on Ext.P2 and to keep in abeyance the recovery proceedings pursuant to Ext.P1 in the meanwhile. 2. I have heard the learned Standing Counsel appearing for the Provident Fund Organization also. 3. When a statutory petition under Section 7B of the Act is filed by an establishment, the 1st respondent has a duty to consider and dispose of the same expeditiously. It is unjust to continue recovery proceedings pursuant to the order under Section 7A while petition under Section 7B is pending. Accordingly, this writ petition is disposed of with the following directions: The 1st respondent shall dispose of Ext.P2 as expeditiously as 2 possible, after affording an opportunity of being heard to the petitioner, which shall include opportunity of adduce evidence also. Till orders are thus passed on Ext.P2, coercive recovery proceedings pursuant to Ext.P1 shall be kept in abeyance. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge