IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 WP(C).No. 27291 of 2008(Y) -------------------------------------- PETITIONER(S): ---------------------- CHANGANACHERRY CO-OPERATIVE RUBBER MARKETING SOCIETY LTD.,NO.K.364, KARUKACHAL, KOTTAYAM DISTRICT, REPRESENTED BY MANAGING DIRECTOR-IN-CHARGE. BY ADV. MR.MATHEW SEBASTIAN RESPONDENT(S): ------------------------- 1. RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANISATION, SUB REGIONAL OFFICE, CHALAKUZHY BUILDINGS, C.M.S.COLLEGE ROAD, KOTTAYAM-1. 2. THE ENFORCEMENT OFFICER, EMPLOYEES PROVIDENT FUND ORGANISATION, CHALAKUZHI BUILDINGS, KOTTAYAM-1. R1 & R2 BY ADV. MR.JOY THATTIL ITOOP, SC, EPF ORGANISATION THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 27291/2008-Y APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE DECISION DATED 16/09/2002. EXT.P2: COPY OF THE JUDGMENT IN W.P.(C). NO. 13764/2007 OF THIS HONOURABLE COURT. EXT.P3: COPY OF THE APPEAL MEMORANDUM DATED 27/03/2007. EXT.P4: COPY OF THE WARRANT DATED 31/07/2008. EXT.P5: COPY OF THE MAHZAR PREPARED BY THE 2ND RESPONDENT DATED 26/08/2008. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ V.GIRI, J ------------------- W.P.(C).27291/2008 -------------------- Dated this the 1st day of June, 2009 JUDGMENT Heard learned counsel for the petitioner and learned counsel for the respondents. 2. Petitioner, a Co-operative Society, was assessed to contribution levied under the EPF Act and thereafter, for non payment of the same, damage was also imposed on the petitioner. This was challenged by the petitioner in an appeal which is pending before the Tribunal as Ext.P3. Writ petition is filed when Exts.P4 and P5 restraint proceedings were taken against the petitioner. 3. In the circumstances, the appeal pending before the Tribunal shall be disposed of within three months and pending disposal of the appeal, enforcement of Exts.P4 and P5 shall be kept in abeyance. Writ petition is disposed of as above. V.GIRI, Judge mrcs