IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 WP(C).No. 32195 of 2007(G) -------------------------- PETITIONER: ------------ M/S.THE METAL INDUSTRIES, LIMITED (A GOVT OF KERALA UNDERTAKING) METIND NAGAR, SHORANUR-679 122 KERALA REP. BY ITS MANAGING DIRECTOR DR.B.SREEKUMAR. BY ADV. SMT.S.KARTHIKA SRI.M.S.UNNIKRISHNAN SRI.M.R.ANISON SRI.T.R.RAJESH SMT.K.P.GEETHA MANI RESPONDENTS: ------------- 1. ASST. PROVIDENT FUND COMMISSIONER EPF REGIONAL OFFICE BHAVISHYAMIDHU BHAVAN P.B.NO.1806,ELAMZHIPALAM KOZHIKODE 673 006. 2. THE EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL ,9TH FLOOR, MAYUR BHAVAN SHAMKEER MARKET COMMAUGHT PLACE, NEW DELHI . BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL,SC, P.F. FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 32195 of 2007(G) APPENDIX PETITIONERS'S EXHIBITS: EXT.P1: ORDER DTD. 27.7.2007. EXT.P2: CHALLAN DTD. 15.10.2007 FOR RS. 17,854/- EXT.P3: SUMMONS DTD. 8.9.2006 ISSUED BY THE RESPONDENT. EXT.P4: REPLY DTD. 2.11.2006 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT. EXT.P5: ORDER/NOTIFICATION NO.KR/208/7A/SRO/KKD/ENF.II(3) 2007 DTD. 26.6.2007. EXT.P6: APPEAL DTD. 15.10.2007 AGAINST EXT.P1 ORDER. EXT.P7: APPEAL DTD. 15.10.2007 AGAINST EXT.P5 ORDER. EXT.P8: ORDER ISSUED BY THE 1ST RESPONDENT DTD. 17.10.2007. RESPONDENT'S EXHIBITS: NIL. ... // TRUE COPY // P.A. TO JUDGE. S.SIRI JAGAN, J = = = = = = = = = = = = = = = = W.P.(C).No. 32195 OF 2007 = = = = = = = = = = = = = Dated this the 22nd day of May, 2008. J U D G M E N T The petitioner in this writ petition is aggrieved by the action of the Provident Fund Organisation in initiating coercive recovery proceedings for the amounts disputed in Exts.P6 and P7 appeals filed by the petitioner before the Tribunal against the order of assessments while those appeals are pending. According to the petitioner, it is unjust on the part of the 1st respondent to initiate coercive proceedings while the appeals are pending especially since Tribunal had started regular sittings after a long lapse of time only recently because of some internal difficulty in the Tribunal's office. 2. I have heard the learned standing counsel for the 1st respondent also. 3. At the time of admission I had passed an interim stay on condition that the petitioner pays an amount of Rs. 50,000/- in addition to the amount of Rs.17,000/- already paid by the petitioner. It is reported that the said amount has been paid. In W.P.(C).No. 32195 OF 2007 2 the circumstances it is only proper that till the appeals are disposed of the recovery of the balance is stayed. Therefore the writ petition is disposed of as follows: The 2nd respondent shall consider and pass orders on Exts.P6 and P7 appeals as expeditiously as possible. Till disposal of the appeals, proceedings for recovery of the balance disputed amount shall be kept in abeyance. S.SIRI JAGAN, JUDGE bkn/-