IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 25TH FEBRUARY 2008 / 6TH PHALGUNA 1929 WP(C).No. 1783 of 2008(K) ------------------------- PETITIONER: ------------ M/S. PRASUN INDUSTRIES, KOLAZHY, THRISSUR REPRESENTED BY ITS PROPRIETOR,P.M.VINAYAN AGED 56 YEARS, S/O.MADHAVAN, PUNCHILATH HOUSE, MORKANIKARA, P.O. KUZHIPILLY, THRISSUR. BY ADV. SRI.P.R.VENKETESH RESPONDENTS: ------------- 1. THE REGIONAL PROVIDENT FUND COMMISSIONER, E.P.F., SUB REGIONAL OFFICE, COCHIN-17. 2. THE ASSISTANT PROVIDENT FUND COMMISSIONER, KOCHI. BY ADV. SRI.S.GOPAKUMARAN NAIR (SR.) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.1783 OF 2008 ---------------------------------------- Dated this the 25th day of February, 2008 JUDGMENT The petitioner is challenging Ext.P17 order of the 2nd respondent by which damages have been imposed on the petitioner under Section 14B of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 for delay in payment of contributions under the Act. When it was pointed out to the petitioner on 30.1.2008 that against Ext.P17 order the petitioner has a right of appeal to the Employees Provident Fund Appellate Tribunal, the petitioner sought time to file an appeal and accordingly they have today produced a copy of the appeal memorandum along with postal receipt for having despatched the same by speed post to the Tribunal, along with a memo dated 20.2.2008. The petitioner now requests for a direction to dispose of the appeal and stay of recovery pending appeal. The standing counsel opposes the prayer. 2. Having heard both sides the writ petition is disposed of with the following directions: W.P.(c) No.1783/08 2 The Provident Fund Appellate Tribunal shall dispose of the appeal now produced along with the memo against Ext.P17 order No.KR/KC/19408/T(1)/2007/8846 dated 6.11.2007 of the 2nd respondent as expeditiously as possible. Pending disposal of the appeal, further coercive recovery proceedings pursuant to Ext.P17 shall be kept in abeyance on condition that the petitioner pays interest under Section 7Q of the Act and in addition to Rs.20,000/- (Rupees twenty thousand only) towards part payment of amount covered by Ext.P17, within two weeks from today subject to final orders of the Tribunal in the appeal. S. SIRI JAGAN, JUDGE Acd W.P.(c) No.1783/08 3