IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 WP(C).No. 28836 of 2009(Y) -------------------------- PETITIONER(S): --------------- M/S.MUKHATHALA CASHEW PROCESSING, MUKHATHALA P.O., KOLLAM, REPRESENTED BY ITS PROPRIETOR, S.VAHIDKUTTY, S/O.LATE SULAIMAN KUNJU, M/S.MUKHATHALA CASHEW PROCESSING, MUKHATHALA P.O. KOLLAM. BY ADVS. MR.R.ARUN MR.LATHEESH SEBASTIAN RESPONDENT(S): --------------- 1. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, MANNANIYA COMPLEX, ANDAMUKKAM, KOLLAM. 2. ENFORCEMENT OFFICER, EMPLOYEES PROVIDENT FUND ORGANIZATION, MANNANIYA COMPLEX, KOLLAM-01. BY GOVERNMENT PLEADER SMT. T.N. GIRIJA, SC, EPF THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J ............................................... W.P(C) No. 28836 of 2009 ................................................. Dated this the 19th day of October, 2009 J U D G M E N T The petitioner is an establishment running a cashew factory. Contributions payable by them under the Employees Provident Funds and Miscellaneous Provisions Act have been assessed by an order under Section 7A of the Act. According to the petitioner, the same was without affording an opportunity of being heard to the petitioner. The petitioner filed a review petition under Section 7B of the Act. Petitioner's grievance in this writ petition is that while that review petition is pending, coercive proceedings have been initiated against them for recovery of the amounts due as per the order under Section 7A of the Act. 2. The learned Standing Counsel for the respondents submits that in the proceedings under Section 7A, the petitioner had appeared and sufficient opportunity has been given to him for raising his contentions. 3. It is admitted that Ext.P2 application under Section 7B of the Act has been received in time. In the above W.P(C) No. 28836 of 2009 -2- circumstances, this writ petition is disposed of with a direction to the 1st respondent to consider and pass orders on Ext.P2 application filed by the petitioner under Section 7B of the Act, as expeditiously as possible, after affording an opportunity of being heard to the petitioner, which shall include opportunity to adduce evidence also. Till orders are thus passed, coercive proceedings for recovery of the amounts as per Ext.P1 order shall be kept in abeyance. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE rhs