IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 WP(C).No. 34658 of 2008(A) -------------------------- PETITIONER(S): --------------- BINU JOHN, PROPRIETOR,M/S BABY CASHEW COMPANY, PANAPPETTY, PARUVAZHY, BHARANIKKAVU, KOLLAM. BY ADV. SRI.ANIL NARAYANAN SRI.S.D.ASOKAN RESPONDENT(S): --------------- 1. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, SUB REGIONAL OFFICE, MANNANIA COMPLEX, ANDAMUKKAM, KOLLAM-691001. 2. EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, NEW DELHI. 3. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR AND EMPLOYMENT, GOVERNMENT OF INDIA, NEW DELHI. BY ASG SRI.P.PARAMESWARAN NAIR SC SMT.T.N.GIRIJA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).34658/2008 -------------------- Dated this the 25th day of November, 2008 JUDGMENT Aggrieved by Ext.P2 order under Section 14B of the EPF & MP Act, petitioner preferred an appeal before the Appellate Tribunal. He is aggrieved by the coercive proceedings being enforced without giving him an opportunity to seek appropriate interim orders from the appellate authority, he contends. I heard learned Standing Counsel also. 2. In my view, petitioner has an alternate efficacious remedy by way of an appeal before the Appellate Tribunal. I take note of the fact that the appeal is filed only on 21.11.2008. Learned counsel for the petitioner submits that levy of interest under Section 7Q of the Act at 12% is not maintainable. 3. Levy of interest under Section 7Q of the Act is by operation of law. But assessment of damages W.P.(C).34658/2008 2 depends upon the willful nature of either of the parties. No grounds have been made out warranting any interference with the enforcement of statutory provisions. 4. In the result, writ petition is disposed of directing the respondents to keep in abeyance the proceedings for recovery of amounts pursuant to Ext.P2 for a period of two months from today. In the meanwhile, it is open to the petitioner to move the appellate Tribunal for orders of admission of the appeal as also interim orders, as the case may be. V.GIRI, Judge mrcs