IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 WP(C).No. 3998 of 2008(A) ------------------------- PETITIONER: ------------ M/S.BRISTO FOODS PVT. LTD. NEW INDUSTRIAL DEVELOPMENT AREA, MENON PARA ROAD, KANJIKODE, PALAKKAD REPRESENTED BY IT S MANAGING DIRECTOR SHRI.P.M.MATHEN PANICKER BY ADV. SRI.P.K.JOSEPH RESPONDENT: ------------- THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES' PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, ERANHIPPALAM P.O., KOZHIKODE 673 006. BY SHRI.THOMAS MATHEW NELLIMOOTTIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.3998 of 2008 ================== Dated this the 2nd day of April, 2008 J U D G M E N T The petitioner originally filed the writ petition challenging the proceedings for recovery of contributions under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, on the ground that the petitioner was not served with the orders under Section 7A of the Act, pursuant to which recovery proceedings have been initiated. When the respondents filed counter affidavit producing the orders issued under Section 7A as well as the acknowledgment receipts, the petitioner is stated to have filed appeals before the Tribunal against those orders and seeks time to get orders in those appeals. He also seeks a stay till the Tribunal passes interim orders in the appeals. 2. I have heard the learned Standing Counsel appearing for the Provident Fund Organization also. 3. In view of the fact that the petitioner has already filed appeals against the orders under Section 7A, the petitioner would be free to pursue those appeals. In order to enable the petitioner w.p.c.3998/08 2 to seek interim orders in the appeals, I direct that the coercive recovery proceedings shall be kept in abeyance for a period of two months within which time the petitioner shall move the Tribunal for interim orders. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge