IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 9TH JULY 2010 / 18TH ASHADHA 1932 WP(C).No. 21290 of 2010(I) --------------------------------------- PETITIONER(S): ----------------------- P.SUNDARAN, MANAGING PARTNER, SREELAKSHMI CASHEW COMPANY, LAKSHMI PRABHA, KADAPPAKADA, KOLLAM. BY ADV. SRI.N.D.PREMACHANDRAN MT.LALIZA.T.Y. RESPONDENT(S): ------------------------ 1. THE ASSISTANT PROVIDENT COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, MANNANIYYA COMPLEX, CHINNAKKADA, KOLLAM-691 001. 2. THE RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANISATION, MANNANIYYA COMPLEX, CHINNAKKADA, KOLLAM-691 001. 3. THE EMPLOYEES' PROVIDENT FUNDS APPELLATE TRIBUNAL, SCOPE MINAR, IVTH FLOOR, CORE-II, LAKSHMI NAGAR DISTRICT CENTRE, NEW DELHI. BY ADV. SRI.V.V.SURESH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.21290 of 2010-I ---------------------------- Dated this the 9th day of July, 2010. J U D G M E N T The grievance projected in the Writ Petition is that, in spite of filing statutory appeal as borne by Ext.P8, along with Ext.P9 petition to waive the deposit under Section 7(0) of the Employees' Provident Funds & Miscellaneous Provisions Act and Ext.P10 application for stay, challenging Ext.P5 order passed under Section 7A recovery proceedings are being pursued against the petitioner, as borne by Exts.P11 and P12, which are sought to be intercepted by this Court. 2. Heard the learned standing counsel appearing for the first and second respondents as well. 3. Considering the facts and circumstances, the third respondent is directed to consider and pass appropriate orders on Ext.P9 application for waiver of the deposit and also Ext.P10 petition for stay, in accordance with law, as expeditiously as possible, at any rate within two months from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of the judgment before the third respondent for taking further steps. All further W.P(C) No.21290 of 2010-I 2 proceedings pursuant to Exts.P11 and P12 shall be kept in abeyance till such appropriate orders are passed by the Tribunal on Exts.P9 and P10. The Writ Petition is disposed of. P.R.RAMACHANDRA MENON JUDGE ab