IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 16TH DECEMBER 2009 / 25TH AGRAHAYANA 1931 WP(C).No. 36414 of 2009(V) -------------------------- PETITIONER(S): --------------- S.KESAVADAS, AGED 85, S/O.LATE SANKARA PILLAI, PROPRIETOR, M/S.LATHA CASHEWS, MARUTHOORKULANGARA SOUTH, ALUMKADAVU P.O., KARUNAGAPPALLY, KOLLAM. BY ADV. SRI.V.V.RAJA SRI.R.RANJITH RESPONDENT(S): --------------- 1. THE EMPLOYEES PROVIDENT FUND ORGANISATION, BHAVISHYANIDHI BHAVAN, P.B.NO.1016, THIRUVANANTHAPURAM REPRESENTED BY ITS COMMISSIONER. 2. THE ASSISTANT PROVIDENT FUND COMMISSIONER, THE EMPLOYEES PROVIDENT FUND ORGANISATION, BHAVISHYANIDHI BHAVAN, P.B.NO.1016, PATTOM, THIRUVANANTHAPURAM-695004. 3. ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATIONS, SUB-REGIONAL OFFICE, OLD MUNICIPAL BUILDING, CHINNAKKADA, KOLLAM. 4. THE RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANISATION, BHAVISHYANIDHI BHAVAN P.B.NO.1016, PATTOM, THIRUVANANTHAPURAM-695004. ADV.V.V.SURESH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 36414 OF 2009 ================== Dated this the 16th day of December, 2009 J U D G M E N T By Ext.P1 order passed under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, the petitioner has been directed to pay contributions under the Act in respect of the petitioner's establishment. The petitioner's application for review under Section 7B has been dismissed by Ext.P2. The petitioner challenged the orders before the Appellate Tribunal by filing Ext.P3 appeal. The same has been filed on 9.12.2009. In the meanwhile, the petitioner apprehends coercive proceedings by the respondents for recovery of the amounts in dispute. 2. According to the petitioner, the petitioner has already filed petitions in the appeal seeking stay and waiver of pre-deposit. The petitioner submits that it is unfair on the part of the respondents to initiate coercive proceedings without giving the petitioner an opportunity to obtain orders from the Tribunal. 3. I have heard the learned standing counsel for the Provident Fund Organization also. 4. I am of opinion that it is only appropriate that the Tribunal considers the applications stated to have filed by the petitioner before the Tribunal seeking stay of recovery and waiver of pre-deposit. The 2 Tribunal shall pass orders on the same as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment. Till orders are passed by the Tribunal, no coercive proceedings shall be initiated against the petitioner for recovery of the amounts disputed in the appeal. the petitioner shall produce a certified copy of this judgment before the Tribunal within three weeks from today, failing which, the petitioner will not be entitled to the benefit of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge