IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 WP(C).No. 10062 of 2008(W) -------------------------- PETITIONER: ------------ K.P.VARGHESE, PROPRIETOR, THRISSUR GOLD WEDDING CENTRE, SARODHARA COMPLEX, ADOOR - 691 523. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.ANIL D. NAIR RESPONDENT: ------------- THE ASST.PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, REGIONAL OFFICE, PATTOM, THIRUVANANTHAPURAM - 695 004. BY ADV. SRI.N.N. SUGUNAPALAN, SC, P.F. SMT.T.N.GIRIJA, SC,EPF ORGANIZATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.10062 of 2008 ================== Dated this the 4th day of April, 2008 J U D G M E N T The petitioner has been assessed to contributions under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (“the Act” for short). The petitioner is challenging the order passed against them under Section 7A of the Act, inter alia, on the ground that they have not been served with a copy of the report of the enforcement officer, which is relied upon in Ext.P3, to decide the issue against them. The petitioner has now filed Ext.P4 application under section 7B of the Act seeking review of Ext.P3 order. The petitioner now seeks expeditious disposal of Ext.P4 and stay of further proceedings pursuant to Ext.P3. 2. I have heard the learned Standing Counsel appearing for the Provident Fund Organization also. 3. I am of opinion that in so far as a statutory application under Section 7B of the Act has been filed by the petitioner, the respondent has a duty to dispose of the same before proceeding further with Ext.P3. Accordingly, the writ petition is disposed of w.p.c.10062/08 2 with the following directions: The respondent shall consider and pass orders on Ext.P4 as expeditiously as possible. Till orders are thus passed, no further proceedings shall be initiated pursuant to Ext.P3. The respondent shall furnish a copy of the report of the enforcement officer to the petitioner, grant the petitioner time to file objections in respect of the same and orders shall be passed dealing with each and every contention of the petitioner. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge