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. 15086 of 2008(U) -------------------------- PETITIONER: ------------ M/S. ABHILASH INDUSTRIES, VI80A, DEVELOPMENT PLOT, SOUTH KALAMASSERY, ERNAKULAM-683 108, REP. BY ITS PARTNER, MR.P.A.MATHEW. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.ANIL D. NAIR RESPONDENTS: ------------- 1. ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, SUB REGIONAL OFFICE, KALOOR, KOCHI-17. 2. EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, NEW DELHI. BY ADV. SRI.M. CHANDRA BOSE, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 15086 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 22nd May, 2008. J U D G M E N T Petitioner is aggrieved by coercive recovery proceedings for recovery of damages under Section 14B of the Employees Provident Funds and Miscellaneous Provisions Act, while Ext. P2 appeal is pending before the Tribunal. The petitioner submits that it is unjust to initiate coercive proceedings while the appeal is pending. 2. I have heard the learned standing counsel for the Provident Fund Organisation also. 3. I am of opinion that while the appeal is pending, coercive recovery proceedings should be kept in abeyance, provided the petitioner pays a portion of the amount demanded. In the above circumstances, I dispose of the writ petition as follows. The Tribunal shall consider and dispose of Ext. P2 appeal as expeditiously as possible. Till the disposal of the appeal, further coercive action for recovery of the disputed damages shall be kept in abeyance on condition the petitioner pays an amount of Rs. 75,000/- within one month. S. Siri Jagan, Judge. Tds/