IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 WP(C).No. 27100 of 2008(A) ------------------------------------- PETITIONER: ------------------- G. PRABHAKARAN, PROPRIETOR, P.R.S. CASHEWS CHERUVUAKKAL.P.O., AYOOR, KOLLAM DISTRICT NOW RESIDING AT P.K. NIVAS, EZHUKONE.P.O. EZHUKONE, KOLLAM BY ADV. SRI.R.ARUN SRI.LATHEESH SEBASTIAN RESPONDENTS: ----------------------- 1. ASSISTANT PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANISATION, SUB REGIONAL OFFICE, OLD MUNICIPAL OFFICE BUILDING, CHINNAKKADA, KOLLAM 2. ENFORCEMENT OFFICER, EMPLOYEES PROVIDENT FUND ORGANISATION, SUB REGIONAL OFFICE, OLD MUNICIPAL OFFICE BUILDING, CHINNAKKADA, KOLLAM. BY SRI. T.N. GIRIJA, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ================== W.P(C)No.27100 of 2008 ================== Dated this the 5th day of September, 2008. J U D G M E N T The petitioner is the owner of an establishment covered under the Employees Provident Funds and Miscellaneous Provisions Act. By Ext.P4, the 1st respondent has determined amounts due from the petitioner as contributions under the Act in exercise of powers under Section 7A of the Act. Against the same, the petitioner has filed Ext.P5 review application under section 7B of the Act. The petitioner's grievance is that without disposing of Ext.P5, the 1st respondent has initiated coercive proceedings for recovery of the amounts covered by Ext.P4 which according to the petitioner is arbitrary and illegal. 2. I have heard the learned standing counsel appearing for the Provident Fund Organisation also. 3. I am satisfied that when application under Section 7B is pending, it is unjust to initiate coercive proceedings for recovery of the amounts covered by Ext.P4. Accordingly, the writ petition is disposed of with the following directions: 4. The 1st respondent shall consider and pass appropriate W.P(C)No.27100 of 2008 - 2 - orders on Ext.P5, as expeditiously as possible. Till orders are thus passed coercive proceedings for recovery of amounts covered by Ext.P4 shall be kept in abeyance. Needless to say, the petitioner shall be afforded an opportunity of being heard before passing orders on Ext.P5. The petitioner shall forward a copy of the writ petition along with a certified copy of this judgment to the 1st respondent for compliance. S.SIRI JAGAN, JUDGE rhs