IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 WP(C).No. 34600 of 2008(R) -------------------------- PETITIONER: --------------- NIRMITHI KENDRA, PUDUPPARIYARAM, PALAKKAD REPRESENTED BY ITS PROJECT MANAGER. BY ADV. SRI.JACOB SEBASTIAN RESPONDENTS: --------------- 1. THE REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, BHAVISHYANITHY BHAVAN P.B.NO.1806 P.O.ERANHIPALAM, KOZHIKODE-673 006. 2. THE ASSISTANT PROVIDENT FUND COMMISIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION SUB REGIONAL OFFICE, BHAVISHYANITHY BHAVAN, P.B.NO.1806,P.O.ERANHIPALAM, KOCHIKODE-673006. 3. THE ENFORCEMENT OFFICER, DISTRICT OFFICE, EMPLOYEES PROVIDENT FUND ORGANIZATION, CHANDRA NAGAR, PALAKKAD. ADV. SRI.THOMAS MATHEW NELLIMOOTTIL,SC, P.F. FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.34600 of 2008 -------------------------- Dated this the 26th November, 2008 J U D G M E N T Petitioner, a Nirmithi Kenda, challenges Exhibit P11 order passed by the Asst. Provident Fund Commissioner imposing damages under Section 14B of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 and Exhibit P12 communication requiring the petitioner to pay the damages. 2. I heard Sri.Jacob Sebastian, learned counsel for the petitioner and Sri.Thomas Mathew Nellimoottil, learned standing counsel for the Provident Fund Commissioner. 3. Sri.Nellimoottil points out that Exhibit P11 is appealable. If that be so, it is up to the petitioner to approach the Tribunal for appropriate orders. In the result, the writ petition is disposed of directing the respondents to keep in abeyance further enforcement of Exhibits P11 and P12 for a period of four W.P ( C) No.34600 of 2008 2 months from today. It is open to the petitioner to approach the Appellate Tribunal in the meanwhile and to seek appropriate orders by way of admission of the appeal and interim order , in accordance with law. (V.GIRI,JUDGE) ma W.P ( C) No.34600 of 2008 3 W.P ( C) No.34600 of 2008 4