IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 23RD JULY 2010 / 1ST SRAVANA 1932 WP(C).No. 23057 of 2010(F) -------------------------- PETITIONERS: --------------- M/A.AZAAD FOODS INDUSTRIES, F.C.I.JUNCTION, PANNIMATTOM, KOTTAYAM- 686 007, KERALA, INDIA REP.BY ITS MANAGING PARTNER DR.THOMAS KOSHY. BY ADVS. SRI.BIMAL K.NATH SRI.S.JAMAL RESPONDENTS: --------------- 1. ASSISTANT PROVIDENT FUND COMMISSIONER, SUB-DIVISIONAL OFFICE, EMPLOYEES PROVIDENT FUND ORGANIZATION KOTTAYAM- 686 001, KERALA. 2. THE RECOVERY/ENFORCEMENT OFFICER, EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB-DIVISIONAL OFFICE, KOTTAYAM- 686 001, KERALA. 3. THE CENTRAL PROVIDENT FUND COMMISSIONER, OFFICE OF THE EMPLOYEES PROVIDENT FUND ORGANIZATION, BHIKAJI CAMA PLACE, NEW DELHI. BY SRI.JOY THATTIL ITOOP, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.23057 of 2010 ------------------------------------------- Dated this the 23rd July, 2010 JUDGMENT This writ petition is filed challenging the action of the respondents in not considering an application filed by the petitioner under Sub Section-4 of Section 7A of the Employees Provident Funds & Miscellaneous Provisions Act, 1952 (the 'Act' for short). According to the petitioner, they are a partnership firm engaged in exporting ready to eat food products. An inspection was conducted by the officials of the first respondent in the office of the petitioner and thereafter, proceedings under Section 7A of the Act was initiated. The Managing Partner of the firm was under treatment for throat cancer in the Caritas Hospital, Kottayam from December 2008 onwards and therefore, he could not participate in the enquiry proceedings under Section 7A. Consequently, an exparte order was passed on 18.11.2009 directing the petitioner to pay an amount of Rs.1,84,859/- for the period from April 2008 to June 2009. The petitioner has disputed the wpc No.23057 of 2010 2 liability to pay the said amount and has submitted an application under Sub Section 4 of Section 7A of the Act for setting aside the ex-parte order. The petition is also accompanied by an application for condonation of the delay in filing the same. Both are pending consideration of the first respondent. In the above circumstances, the petitioner complains that coercive action is being initiated for the recovery of the amounts as stated above. The petitioner therefore seeks appropriate orders for keeping all coercive steps in abeyance. 2. I have heard Mr.Joy Thattil Ittoop for the respondents also. 3. In view of the fact that the determination order under Section 7A has been passed exparte and a petition for setting aside the same is already pending consideration of the authority, it is only proper that coercive action to recover the amounts determined, await the outcome of the said petition. It is pointed out by the counsel for the respondents that there is delay in filing the said petition. However, I refrain from saying anything about the delay for the reason that the same is also pending consideration wpc No.23057 of 2010 3 of the first respondent. It is sufficient that the said proceedings are directed to be completed before coercive action is taken. In the above circumstances, this writ petition is disposed of directing the first respondent to consider and pass orders on Ext.P3 petition in accordance with law, as expeditiously as possible and at any rate within a period of three weeks from the date of receipt of a copy of this judgment. All coercive action to recover the amounts demanded from the petitioner shall be kept in abeyance until final orders are passed on Ext.P3 as indicated above. K.SURENDRA MOHAN, JUDGE css/