IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 29TH MAY 2009 / 8TH JYAISHTA 1931 WP(C).No. 14779 of 2009(N) -------------------------- PETITIONER(S): ----------------- P.GOPINATHA PANICKER,MANAGING PARTNER, M/S.P.N.M.HOSPITAL,KATTAKADA,TRIVANDRUM. BY ADV. SRI.GOPAKUMAR R.THALIYAL SRI.N.P.PRAJEESH RESPONDENT(S): -------------------- 1. ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, PATTOM, TRIVANDRUM. 2. EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, NEW DELHI. 3. THE RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANIZATION, PATTOM,TRIVANDRUM. BY ADV.SMT.T.N.GIRIJA - STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. --------------------------- W.P.(C).14779 of 2009 --------------------------- Dated this the 29th day of May, 2009 JUDGMENT The petitioner was brought under coverage of Employees Provident Fund and Miscellaneous Provisions Act, 1952, as per Ext.P1 order. Challenging the same, the petitioner filed an appeal. In the meanwhile, the 1st respondent has passed Exts.P3 and P4 orders against the petitioner imposing penal damages and interest for the amount paid by the petitioner as part of contribution. The same has been challenged in Ext.P5 appeal. The petitioner is aggrieved by the enforcement of Exts.P3 and P4, as evidenced by Ext.P7. 2. I heard learned standing counsel for the respondents. 3. The petitioner is entitled to move the Appellate Tribunal for appropriate orders. Enforcement W.P.(C).14779 of 2009 :: 2 :: of Ext.P7 shall be kept in abeyance for a period of three months from today. Thereafter, enforcement of Ext.P7 shall abide by the orders to be passed by the appellate tribunal. Writ petition is disposed of as above. Sd/- (V.GIRI) Judge sk/ //true copy// P.S. to Judge