IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 WP(C).No. 3836 of 2010(D) --------------------------------------- PETITIONER(S): ------------------------- MANOJ.K,AGED 40 YEARS,S/O.KUNJUKUNJU, PROPRIETOR,M/S.MOUNT MORIA CASHEWS,MELAKKADU, KOTTUKKAL.P.O.ANCHAL,KOLLAM DISTRICT,KERALA. BY ADVS. SRI.V.V.RAJA, MR.R.RANJITH. RESPONDENT(S): ---------------------------- 1. THE EMPLOYEES PROVIDENT FUND ORGANISATION,BHAVISHYANIDHI BHAVAN,P.B.NO.1016, THIRUVANANTHAPURAM,REPRESENTED BY ITS COMMISSIONER. 2. REGIONAL PROVIDENT FUND COMMISSIONER II, EMPLOYEES PROVIDENT FUND ORGANISATIONS, SUB-REGIONAL OFFICE, OLD MUNICIPAL BUILDING, CHINNAKKADA,KOLLAM. 3. THE RECOVERY OFFICER,EMPLOYES PROVIDENT FUND ORGANISATION,BHAVISHYANIDHI BHAVAN, P.B.NO.1016,PATTOM,THIRUVANANTHAPURAM-695 004. 4. THE EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, CORE 2,4TH FLOOR,SCOPE MINAR,LAXMI NAGAR, NEW DELHI REPRESENTED BY ITS REGISTRAR. R1 TO R3 BY ADV. MR.V.V.SURESH,SC,EPF.ORGANISATION THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.3836/2010 D APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER VIDE NO.KR/KLM/10371/ENF.1(1)/2009 DTD. 29/04/2009 PASSED BY THE 3RD RESPONDENT. P2: COPY OF THE ORDER DTD. 14/10/2009 OF THE 3RD RESPONDENT. P3: COPY OF THE JUDGMENT DTD. 9/11/2009 IN WPC.NO.30628 OF 2009. P4: FAX COPY DTD. 1/1/2010 ISSUEDBY THE PETITIONER TO THE REGISTRAR, EPF APPELLATE TRIBUNAL. P5: COPY OF THE TELEGRAM ISSUED BY THE PETITIONER ON 2/1/2010 FROM THE BSNLOFFICE, QUILON. P6: COPY OF THE TELEGRAM RECEIPT DTD. 2/01/2010. P7: COPY OF THE AFFIDAVIT AND PETITION DTD.1/02/2010 FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. P8: COPY OF THE POSTAL RECEIPT DTD. 1/02/2010. P9: COPY OF THE ORDER DTD. 4/01/2010 IN ATA NO.744(7)/2009 COUNTER SIGNED BY THE LAWYER APPEARING FOR AND ON BEHALF OF THE PETITIONER BEFORE THE 4TH RESPONDENT. P10: COPY OF THE NOTICE DTD. 13/02/2010 IN ATA NO.744(7)/2009. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 3836 OF 2010 ----------------------------------------------------------- Dated this the 10th March, 2010. JUDGMENT The petitioner has filed this writ petition apprehending coercive action for the enforcement of a determination order passed under Section 7A of the Employees Provident Fund and Miscellaneous Provisions Act 1952. The petitioner had submitted a petition under Section 7B of the Act, for review of the order under Section 7A passed in respect of his establishment. However the same was rejected. Thereafter, the petitioner has filed an appeal before the EPF Appellate Tribunal, New Delhi, which is pending. When coercive proceedings were initiated against him, the petitioner had filed an earlier writ petition W.P(C) 30628/2009 and as per Ext.P3 order dated 9.11.2009 this Court had directed the respondents to keep all coercive action in abeyance till the disposal of the appeal filed by the petitioner. Thereafter, the petitioner was informed that the appeal was posted for hearing to 4.1.2010. The petitioner thereupon submitted a request for adjournment of the appeal through fax. However, there was no communication from the Tribunal regarding the fate of his appeal. WPC 3836/2010 2 2. While so, the respondents initiated proceedings against the petitioner and attached his godown informing him that his appeal had been dismissed for default. Therefore the petitioner filed an application under Rule 15(2) of the Employees Provident Fund Appellate Tribunal (Procedure) Rules, 1997 praying for setting aside the order of dismissal of the appeal and to restore the same. This writ petition was filed when the petitioner apprehended that action would be initiated for sealing the petitioner's factory. 3. The petitioner has filed I.A.3388/2010 producing two additional documents, Exts.P9 & P10. Ext.P9 shows that pursuant to the request for adjournment submitted by the petitioner through fax, the appeal was adjourned and posted to 25.3.2010 by the Appellate Tribunal. 4. The above being the position, Ext.P3 order continues to operate and all coercive action of the respondents are kept in abeyance by the order till the Tribunal passes orders on the interim prayers sought for by the petitioner. 5. In the above situation, no further orders are called for in this writ petition. Though the respondents have filed a statement, I refrain from adverting to or considering any of the averments made therein. WPC 3836/2010 3 6. In the above circumstances this writ petition is disposed of directing the respondents to release the attachment of the petitioner's godown effected by the respondents on the erroneous impression that the appeal of the petitioner had been dismissed for default. Orders in this regard shall be passed without any further delay. K. SURENDRA MOHAN Judge jj WPC 3836/2010 4 K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: