IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 3RD MARCH 2009 / 12TH PHALGUNA 1930 WP(C).No. 6760 of 2009(L) ------------------------- PETITIONER(S): --------------- THE MLAMALLAY TEA ESTATES LTD., REGISTERED OFFICE, KOTTAYAM - 1, REPRESENTED BY ITS MANAGING DIRECTOR, EAPEN JOSEPH. BY ADV. SRI.H.B.SHENOY SRI.B.ASHOK SHENOY SRI.THOMAS P.MAKIL SMT.LAKSHMI B.SHENOY SRI.ABU MATHEW SRI.SOBHAN GEORGE RESPONDENT(S): --------------- 1. EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, CORE 2, 4TH FLOOR, SCOPE MINAR, LAXMI NAGAR, NEW DELHI - 110 092. 2. THE REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, SUB REGIONAL OFFICE, CHALAKUZHY BUILDINGS, CMS COLLEGE ROAD, KOTTAYAM - 686 001. ADV. SRI.JOY THATTIL ITTOOP FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.6760 of 2009 --------------------------------- Dated, this the 3rd day of March, 2009 J U D G M E N T The petitioner is an establishment to which the provisions of the Employees Provident Funds and Miscellaneous Provisions Act, 1952, is applicable. Ext.P2 is an order passed by the 2nd respondent imposing damages on the petitioner exercising his powers under Section 14B of the Act. Aggrieved by this order, the petitioner has filed Ext.P5 appeal before the Tribunal. In the meanwhile, they apprehend recovery proceedings and therefore, the writ petition is filed praying for an expeditious disposal of the appeal keeping in abeyance further proceedings pursuant to Ext.P2 as confirmed by Ext.P4 order passed under Section 7B of the Act. 2. Heard learned standing counsel appearing for the respondents. 3. Taking into account the pendency of the appeal, I feel that, it is only appropriate that coercive action is deferred until the appeal is disposed of. Accordingly, I direct the 1st respondent to consider and pass orders on Ext.P5 appeal. This shall be done as WP(C) No.6760/2009 -2- expeditiously as possible, at any rate, within three months of production of a copy of this judgment. It is directed that in the meanwhile further proceedings pursuant to Exts.P2 & P4 will be kept in abeyance. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg