IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931 WP(C).No. 20229 of 2007(G) ------------------------------------- PETITIONER(S): ----------------------- PUSHPAGIRI MEDICAL COLLEGE HOSPITAL, THIRUVALLA-689 101, REPRESENTED BY ITS DIRECTOR (HUMAN RESOURCES), FR.SANTHOSH AZHAKATH. BY ADVS. MR.SANTHOSH MATHEW MR.SATHISH NINAN RESPONDENT(S): ----------------------- 1. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES' PROVIDENT FUND ORGANISATION, REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE BRANCH MANAGER, SOUTH INDIAN BANK LTD., THIRUVALLA BRANCH, THIRUVALLA. BY ADVS. MR.N.N. SUGUNAPALAN, SC, P.F. FOR R1 SMT.T.N.GIRIJA, SC,EPF ORGANISATION FOR R1 MR.K.K.JOHN FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20229 of 2007(G) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - A COPY OF THE NOTICE DATED 16.4.2007. EXT.P2 - A COPY OF THE ORDER DATED 28.5.2007 ISSUED UNDER SECTION 7A ISSUED BY THE FIRST RESPONDENT. EXT.P2A - A COPY OF THE SAID REQUEST DATED 21.6.2007 GIVEN BY THE PETITIONER. EXT.P3 - A COPY OF THE NOTICE UNDER SECTION 8F DATED 26.6.2007 ISSUED BY THE FIRST RESPONDENT. EXT.P4 - A COPY OF THE COVERING LETTER DATED 28.6.2007 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER. EXT.P5(I.A.10695/07) - PHOTOCOPY OF THE STATEMENT OF THE PERSONS ENGAGED IN PUSHPAGIRI MEDICAL COLLEGE HOSPITAL AS ON 31S MARCH 2007. EXT.P6 (I.A.10695/07) - PHOTOCOPY OF THE DUES STATEMENT OF THE EMPLOYEES OF PETITIONER MEDICAL COLLEGE ENROLLED UNDER THE EPF ACT. (I.A.10695/07) EXT.P5 (I.A. NO.12884/09) - PHOTOCOPY OF THE NOTICE SENT BY THE REGIONAL PROVIDENT FUND COMMISSIONER ON 17.6.2009. EXT.P6 (I.A. NO.12884/09) - PHOTOCOPY OF THE ORDER PASSED BY THE REGIONAL PROVIDENT FUND COMMISSIONER ON 11.9.2009. // TRUE COPY // PS TO JUDGE rhs S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 20229 of 2007 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 23rd October, 2009. J U D G M E N T The petitioner has filed this writ petition with the grievance that before the period prescribed for filing an application for review under Section 7B of the Employees Provident Funds and Miscellaneous Provisions Act has expired, coercive proceedings have been initiated to enforce Ext. P2 order passed under Section 7A of the Act. Interim orders have been passed by this Court staying implementation of Ext. P2 order on the petitioner paying Rs. 50 lakhs which has been paid. Subsequently, the petitioner has produced Annexure I application under Section 7B along with I.A.No. 9577/2007. The petitioner has now filed I.A.No. 12884/2009 seeking stay of Exts. P5 and P6 proceedings initiated by the 1st respondent under Section 7C of the Act in respect of the same order. 2. After hearing, I am inclined to direct the 1st respondent to consider Annexure I and Exts.P5 and P6 proceedings together expeditiously. But the earned counsel for the petitioner submits that for effectively defending Exts.P5 and P6 proceedings , the petitioner would require documents which have been seized by the 1st respondent. The petitioner therefore seeks a direction to the 1st respondent to to provide the petitioner with copies of those documents. Learned counsel for the Provident Fund Organisation submits that no request has been made in that behalf. 3. Accordingly, the writ petition is disposed of with the following directions: The 1st respondent shall consider Annexure I petition filed by the petitioner under Section 7B of the Act and proceedings initiated by Exts.P5 and P6 notices, together after an opportunity of being heard to the petitioner, which shall include opportunity to adduce W.P.C. No. 20229/07 -: 2 :- evidence also. If the petitioner makes a request in that regard, the 1st respondent shall furnish the petitioner with copies of documents which are in the custody of the 1st respondent. Till final orders are passed, further recovery proceedings for recovery of amounts covered by Ext. 3 shall be kept in abeyance. The adjustment of the amount deposited pursuant to the interim orders would be subject to final orders to be passed in the above said proceedings . Sd/- S. Siri Jagan, Judge. Tds/