IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 WP(C).No. 11445 of 2006(K) ----------------------------------------- PETITIONER(S): ------------------------- THIRUVALLA TALUK CO-OPERATIVE RUBBER MARKETING SOCIETY LTD.NO.A.253, CHUNKAPPARA, REPRESETED BY THE MANAGING DIRECTOR, C.K.VIJAYAKUMAR, RESIDING AT CHOLLAMMACKAL HOUSE, VAIPOOR, PATHANAMTHITTA. BY ADV. SRI.P.GOPALAKRISHNAN NAIR RESPONDENT(S): --------------------------- 1. EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, NEW DELHI. 2. CENTRAL PROVIDENT FUND COMMISSIONER (SECRETARY), CENTRAL BOARD OF TRUSTEES, EMPLOYEES PROVIDENT FUND, NEW DELHI. 3. ASSISTANT PROVIDENT FUND COMMISSIONER (LEGAL), EMPLOYEES PROVIDENT FUND ORGANISATION, REGIONAL OFFICE, BHAVISHYA NIDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 4. RECOVERY OFFICER, REGIONAL PROVIDENT FUND COMMISSIONER (C&R),PATTOM,THIRUVANANTHAPURAM. ADV. SRI.N.N. SUGUNAPALAN, SC, P.F. FOR R2TO4 SMT.T.N.GIRIJA FOR R2TO4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.11445/2006K APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER NO.KR/16173/ENF.V(1)/2001 DTD. 29/03/2001. EXT.P2: COPY OF THE RESOLUTION NO.3 OF THE SOCIETY IN THE MEETING HELD ON 9/10/2000. EXT.P3: COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P4: COPY OF THE NOTICE ISSUED TO THE PETITIONER. EXT.P5: COPY OF THE ORDER NO.KR/16173/RO/TVM/PD/B/R.S./2003 DTD. 10/06/2003. EXT.P6: COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P7: COPY OF THE LETTER NO.KR/16173/TVM/RECOVERY/2006 DTD. 24/02/2006. EXT.P8: COPY OF THE LETTER NO.R/2083/2003 DTD. 20/09/2004 FROM THE GENERAL MANAGER TO THE DISTRICT COLLECTOR, PATHANAMTHITTA. EXT.P9: COPY OF THE LETTER NO.62/2005-06 DTD. 23/03/2006. EXT.P10: COPY OF THE LETTER NO.60/2005-06 DTD. 23/03/2006. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 11445 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of January, 2009 JUDGMENT Exts.P1 and P5 are orders passed by the Commissioner of the Employees Provident Fund Organisation, levying damages on the petitioner, invoking the powers under Section 14 B of the Employees Provident Fund and Miscellaneous Provisions Act, 1952. 2. Aggrieved by these orders, petitioner filed appeals, Exts.P3 and P6, before the 1st respondent, Tribunal. During the pendency of the appeals, recovery proceedings were initiated against the petitioner and this writ petition has been filed. 3. By order dated 18.04.06, this Court directed the petitioner to remit an amount of Rs.1.5 lakhs. It is now submitted by both sides that this order has been complied with. In view of the above, the Writ Petition is disposed of with the following directions: Within three months from the date of receipt of a copy of this judgment, the 1st respondent shall dispose of Exts.P3 and P6 appeals with notice to the petitioner. It is directed that, in the WPC : 11445/2006 -:2:- meanwhile, proceedings pursuant to Ext.P7 for recovery of the amount due under Exts.P1 and P5, will stand stayed. ANTONY DOMINIC, JUDGE ttb