IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 18TH SEPTEMBER 2009 / 27TH BHADRA 1931 WP(C).No. 17724 of 2009(I) -------------------------- PETITIONER(S): --------------- RAVINDRANNADHAN T.G. AGED 65, S/O. GOVINDHAN, TATTANPARAMBIL HOUSE, MANAGING DIRECTOR, BANTEC RUBBERS (P)LTD. PERINGAVU P.O.,THRISSUR. BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENT(S): --------------- 1. THE APPELLATE TRIBUNAL, EMPLOYEES PROVIDENT FUND, APPELLATE TRIBUNAL, NEW DELHI 2. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISTION,REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, KALOOR, KOCHI-17. 3. THE UNION OF INDIA, REP. BY THE SECRETARY TO THE GOVERNMENT, MINISTRY OF LABOUR, NEW DELHI. ADV. SRI.S.GOPAKUMARAN NAIR, SENIOR ADVOCATE FOR R2 SRI.M.CHANDRA BOSE FOR R2 SRI. P. PARAMESWARAN NAIR, ASST. SOL. GENERAL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 17724 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 18th September, 2009. J U D G M E N T The petitioner approached this Court complaining that the respondents are taking coercive recovery proceedings for recovery of amounts assessed as contributions under under Section 7A of the Employees Provident Funds and Miscellaneous Provisions Act while appeal filed by the petitioner before the Tribunal is pending. This Court passed two interim orders in this writ petition on 26-6-2009 and 27-8-2009, which read as follows: “Interim stay of enforcement of the distress action referable to Section 7(Q) of the EPF and MP Act, 1952 on condition that the petitioner remits at the rate of Rs. 1,00,000/- per month payable on or before 15th of every month commencing from July, 2009. It is clarified that this order does not preclude the conclusion of proceedings on the basis of the impugned notice, however that, no final decision shall be enforced against the petitioner without obtaining the orders of this Court. 26.06.2009.” “Perused affidavit. Heard. It is ordered that if the petitioner continues to remit @ 50,000/- per month payable on or before 15th of every month, commencing from September, 2009, the distress action against the petitioner will stand deferred by virtue of the order dated 26-6-09 already issued. 28.08.2009.” 2. Both sides now agree that the writ petition itself can be disposed of in terms of those interim orders. Ordered accordingly. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.