IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 WP(C).No. 37270 of 2009(C) -------------------------- PETITIONER: --------------- JAISON G. GOMEZ, AGED 35 YEARS S/O LATE G. OOMMEN, PROPREITOR, M/S. ST. MARY'S CASHEW FACTORY, PUTHOOR, KOLLAM, KERALA BY ADV. MR.RAJAVIJAYARAGHAVAN. MR.R.RANJITH RESPONDENTS: ----------------- 1. THE EMPLOYEES PROVIDENT FUND ORGANISATION, PROVIDENT FUND OFFICE, THIRUVANANTHAPURAM, RERPRESENTED BY THE COMMISSIONER 2. THE REGIONAL PROVIDENT FUND COMMISSIONER I, EMPLOYEES PROVIDENT FUND ORGANISTION, BHAVISHYANIDHI BHAVAN, P.B. NO. 1016, PATTOM, THIRUVANANTHAPURAM-695004 3. THE RECOVERY OFFICE, EMPLOYEES PROVIDENT FUND, BHAVISHYANIDHI BHAVAN, P.B.NO. 1016, PATTOM, THIRUVANANTHAPURAM-695 004 4. EMPLOYEES PROVIDENT FUND ORGANISATION APPELLATE TRIBUNAL, NEW DELHI, REPRESENTED BY ITS SHERESTDAR BY ADV. T.N.GIRIJA, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rkc S.SIRI JAGAN,J. ------------------------- W.P ( C) No.37270 of 2009 -------------------------- Dated this the 22nd December,2009 J U D G M E N T The petitioner is an establishment covered under the Employees Provident Funds and Miscellaneous Provisions Act, 1952. By Ext.P1 order passed under Section 7A of the Act, the 2nd respondent quantified amounts due from the petitioner towards contributions payable under the Act by the petitioner. Against Ext.P1 order, the petitioner filed Ext.P2 appeal before the Employees Provident Fund Appellate Tribunal. Along with the same, the petitioner filed applications for dispensing with the requirement of pre-deposit as also for stay of coercive recovery of the disputed amounts. Petitioner's grievance is that even before the expiry of the time prescribed for filing appeal is over, respondents 1 to 3 are initiating coercive proceedings for recovery of the amounts covered by Ext.P1. Petitioner therefore seeks the following reliefs. "a. Declare that the petitioner is not liable to pay any amounts as claimed by the respondents; and. b. Issue a writ of mandamus or any other appropriate writ order or direction commanding the respondents 1 to 3 to keep in abeyance all coercive steps proposed to be initiated against the petitioner in pursuance to W.P ( C) No.37270 of 2009 2 Exhibit.P1 until orders are passed in Exhibit.P2 appeal. 2. I have heard the learned Standing Counsel appearing for the Provident Fund Organisation also. 3. Ext.P1 order is dated 13.11.2009. As such, even as on today, the time prescribed for filing appeal is not yet over. In the said circumstances, it is only appropriate that respondents 1 to 3 gives sufficient time to the petitioner to move the Tribunal for interim orders. Accordingly, this writ petition is disposed of with the following directions. The 4th respondent Tribunal shall dispose of the application for stay and for dispensing with pre-deposit, filed by the petitioner as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. Till then, coercive proceedings for recovery of the amounts covered by Ext.P1 shall be kept in abeyance. Petitioner shall produce a copy of this judgment before the 4th respondent Tribunal within one month from today, failing which the petitioner will not be entitled to the benefits of this judgment. S.SIRI JAGAN, JUDGE ma W.P ( C) No.37270 of 2009 3 W.P ( C) No.37270 of 2009 4