IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 W.P.(C).No. 10998 of 2008(H) ----------------------------------- PETITIONER: -------------- THE PLANTATION CORPORATION OF KERALA LTD., REGD. OFFICE AT PLANTATION CORPORATION BUILDING KOTTAYAM-686 004, REPRESENTED BY ITS MANAGING DIRECTOR MR.BABU THOMAS BY ADV. SRI.JOSEPH KODIANTHARA SRI.TERRY V.JAMES RESPONDENTS: ----------------- 1. THE ASSISTANT PROVIDENT FUND COMMISIONER EMPLOYEES PROVIDENT FUND ORGANIZAITON SUB-REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN ERANHIPALAM P.O., KOZHIKODE, KERALA-673 006 2. EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, 9TH FLOOR, MAYUR BHAVAN, CONNAUGHT PLACE NEAR SUPER MARKET, OPP.SHANKER MARKET NEW DELHI-110 001. 3. THE PROVIDENT FUND COMMISSIONER & RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE BHAVISHYANIDHI BHAVAN, ERANHIPALAM P.O. KOZHIKODE, KERALA -673 006. BY ADV. SRI. THOMAS MATHEW NELLIMOOTTIL, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 10998 OF 2008 H ==================== Dated this the 2nd day of April, 2008 J U D G M E N T Ext.P2 is an appeal that is pending before the 2nd respondent and this appeal has been filed by the petitioner, a Government of Kerala Undertaking, against levy of damages and interest by Ext.P1 order. By Ext.P6 judgment of this court, this court had granted stay for a period of four months on condition that the petitioner remits interest levied by Ext.P1 and according to the petitioner interest has been deposited, but however the Appellate Tribunal has not heard the appeal so far. In the meantime, as four months period mentioned in Ext.P6 has expired, Ext.P9 demand has been served on the petitioner for remitting the damages levied by Ext.P1 order. It is in these circumstances, this writ petition has been filed. 2. As already noticed, the matter concerns the levy of damages and interest and the interest portion has already been deposited by the petitioner. 3. In view of the fact that a part of the demand has already been paid by the petitioner, it is only appropriate that the 2nd respondent WPC 10998/08 :2 : Tribunal dispose of the appeal itself, which it shall do, as expeditiously as possible, at any rate within three months of production of a copy of this judgment. I also direct that in the meanwhile further proceedings pursuant to Ext.P9 will stand stayed until the appeal is disposed of. Petitioner shall produce a copy of this judgment before the Appellate Tribunal for compliance. Writ petition is disposed of as above. ANTONY DOMINIC,JUDGE. Rp