IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 WP(C).No. 17414 of 2008(W) -------------------------- AGAINST THE ORDER IN IA.831/2008 IN CP.61/2003 of DEBT RECOVERY TRIBUNAL, ERNAKULAM .................... PETITIONERS: ----------------------- 1. P.D.JOSE ,S/O. DEVASSY, AGED 44 YEARS, PARAMBATH HOUSE, POOVATHUSSERY, P.O. PARAKKADAVU, ERNAKULAM (TECHNICIAN MICROWAVE PRODUCTS INDIA LTD, MICRO NAGAR, PUTHANCHIRA P.O. 680682,THRISSUR DISTRICT) 2. A.O.THOMAS, S/O. OUSEPH, ACHANDI HOUSE,ANNALLUR P.O.CHALAKUDY (VIA) THRISSUR DISTRICT. (TECHNICIAN MICROWAVE PRODUCTS INDIA LTD,MICRO NAGAR, PUTHANCHIRA P.O. THRISSUR DISTRICT) BY ADV. SRI.SHOBY K.FRANCIS RESPONDENTS: ------------------------ 1. PROVIDENT FUND COMMISSIONER SUB REGIONAL OFFICE, P.B. NO. 1895, KALOOR, COCHIN-18. 2. M/S.MICROWAVE PRODUCTS (INDIA) LTD REP. BY ITS DIRECTORS SRI.K.V.GOPINATHAN NAIR, THACHERIAL HOUSE, NADUVATHURNAGAR,CHERTAHALA, ALLEPPEY. 3. THE LORD KRISHNA BANK (NOW AMALGAMATED TO CENTURION BANK ) PUTHANCHIRA BRANCH, REP. BY ITS MANAGER. 4. DEBTS RECOVERY TRIBUNAL RECOVERY OFFICER, ERNAKULAM. BY ADV. SRI.S.GOPAKUMARAN NAIR (SR.)- R1 SRI.M.CHANDRA BOSE - R1 BY GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.17414 of 2008-W ================================== Dated this the 11th day of June, 2008. JUDGMENT 1.Heard the learned counsel for the petitioners and the learned standing counsel for the first respondent. Notice to the other respondents is dispensed with, in the nature of the directions being issued hereunder. 2.According to the petitioners, they are employees of the second respondent and have obtained Exts.P10 and P11 orders from the Labour Court under Section 33(c)(2) of the Industrial Disputes Act, 1947 and are entitled to first preference in the matter of recovery of such amounts. The third respondent initiated proceedings before the Debts Recovery Tribunal against the second respondent and such proceedings are pending before the wpc17414/2008 -:2:- Recovery Officer. Proceedings are also pending at the instance of the first respondent under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 against the dissolution of the second respondent. In the said circumstances, it is pointed out that Ext.P12 needs to be considered expeditiously by the Recovery Officer of the DRT in the light of Exts.P10 and P11. Ext.P12 is filed only last month and in the normal course, this Court would not interfere to issue any direction. However, it is urged that the proceedings are going before the Recovery Officer and still further that the petitioners are attempting to get amounts for their sustenance. In the aforesaid circumstances, on production of a copy of this judgment, the Recovery Officer will take up Ext.P12, if already received and consider the matter in accordance with law. It is clarified that this judgment does not touch wpc17414/2008 -:3:- upon the rival claims or contentions. The writ petition is ordered accordingly. Thottathil B.Radhakrishnan, Judge. sl.