IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 12TH NOVEMBER 2009 / 21ST KARTHIKA 1931 WP(C).No. 32389 of 2009(P) -------------------------- PETITIONER: --------------- THOMSON CASHEW COMPANY, CHENGAMANAD, KOTTARAKKARA, KOLLAM, REPRESENTED BY ITS PROPRIETOR. BY ADV. MR. RAJA VIJAYARAGHAVAN MR. R.RANJITH RESPONDENTS: --------------- 1. THE EMPLOYEES PROVIDENT FUND ORGANISATION, BHAVISHYANIDHI BHAVAN, P.B.NO.1016, THIRUVANANTHAPURAM REPRESENTED BY ITS COMMISSIONER. 2. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, SUB-REGIONAL OFFICE, OLD MUNICIPAL BUILDING, CHINNAKKADA, KOLLAM. 3. THE RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANISATION, BHAVISHYANIDHI BHAVAN, P.B.NO.1016, PATTOM, THIRUVANANTHAPURAM-695 004. BY MR. V.V.SURESH, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: kkms/ S. SIRI JAGAN, J. = = = = = = = = = = = = = = == = = = = = = W.P.(C). No. 32389 OF 2009 = = = = = = = = = = = = = == = = = = = = = Dated this the 12th day of November 2009. JUDGMENT The petitioner is aggrieved by recovery proceedings initiated by the respondents for recovery of amounts covered by Ext.P2 order, against which the petitioner has already filed an appeal before the Employees Provident Fund Appellate Tribunal, along with petition for interim orders. Ext.P7 warrant of attachment of movable property has been issued to the petitioner for coercive recovery of the amount due under Ext.P2. Petitioner seeks stay of recovery proceedings pending disposal of the appeal. 2. I have heard the learned Standing Counsel for the Provident Fund Organization also. 3. I am of the opinion that for the delay on the part of the Provident Fund Appellate Tribunal in considering the petitioners application for stay, the petitioner should not be put to suffer. Accordingly, the writ petition is disposed of with the following directions. The Employees Provident Fund Appellate Tribunal shall consider and pass orders on the interim applications filed by the W.P.(C). No. 32389 OF 2009 2 petitioner along with Ext.P3 appeal, as expeditiously as possible at any rate, within two months from the date of receipt of a copy of this judgment. Till orders are thus passed, coercive recovery proceedings for recovery of amounts due under Ext.P2 including further proceedings pursuant to Ext.P7 shall be kept in abeyance. Petitioner shall produce a certified copy of this judgment before the Tribunal within two weeks. It would be open to the respondents also to produce the judgment before the Appellate Tribunal to get the matter heard early. (S. SIRI JAGAN) JUDGE kkms/