IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 16TH JULY 2010 / 25TH ASHADHA 1932 WP(C).No. 22047 of 2010(E) -------------------------- PETITIONER: --------------- ST.JOSEPH'S ENGLISH MEDIUM HSS, ERAVU P.O., THRISSUR, REP.BY ITS MANAGER. BY ADV. MR. K.B.GANGESH MS. SMITHA CHATHANARAMBATH RESPONDENTS: --------------- 1. EMPLOYEES PROVIDENT FUND ORGANISATION REP.BY THE PROVIDENT FUND COMMISSIONER SUB RGIONAL OFFICE, 36/685 A, BAVISHYA NIDHI BHAVAN, KALOOR, KOCHI-17. 2. THE ASSISTANT PROVIDENT FUND COMMISSIONER, SUB REGIONAL OFFICE, 36/685 A, BAVISHYA NIDHI BHAVAN, KALOOR, KOCHI-17. 3. THE AREA ENFORCEMENT OFFICER, EPF ORGANISATION, DISTRICT OFFICE, 2ND FLOOR, DELMA COMPLEX, SHORNUR ROAD, THRISSUR. R1 AND R2 BY ADV. MR. S.GOPAKUMARAN NAIR, SENIOR ADVOCATE MR. M.CHANDRA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P. (C) No. 22047 of 2010 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 16th day of July, 2010 JUDGMENT The petitioner has approached this Court with the following prayers: i. a Writ of certiorari or any other appropriate writ, order or direction to quash Ext.P1 order passed by the second respondent. ii. a Writ or certiorari or any other appropriate writ, order or direction to quash Ext. P2 order passed by the second respondent. iii. a Writ of mandamus or any other appropriate writ, order or direction commanding the respondents not to initiate any coercive steps against the petitioner pursuant to Ext.P1 & P2 orders till a final decision is taken by the second respondent in Ext. P6 review petition filed by the petitioner or till expiry of statutory period of 120 days available to the petitioner for filing an appeal against Ext.P1 order under Section 7 - I of the Act, whichever is later. iv. Any other appropriate Writ, order or direction as this Hon'ble Court may deem fit on the facts and in the circumstances of the case and allow this petition with all costs. 2. The learned counsel for the petitioner submits that, the petitioner is aggrieved of the coercive proceedings pursued by the respondents, by way of Ext. P3, without giving sufficient time, even without waiting for the expiry of the appeal period. W.P. (C) No. 22047 of 2010 : 2 : 3. The learned standing counsel appearing for the respondents submits, on instructions, that, the allegation raised by the petitioner is quite wrong and misconceived, since Ext. P1 order under Section 7 - A of the Act was issued on 16.11.2009, while Ext. P2 attachment order was passed only on 6.7.2010. However, taking note of the nature of the contentions, the learned standing counsel submits that, Ext. P2 is no more intended to be enforced for the time being and that it will be acted upon only after issuance of fresh notice, more so, since Ext. P6 review petition is stated as pending. 4. Submission made by the learned standing counsel for the respondents is recorded and the petitioner is relegated to avail the statutory remedy as provided under the Statute. It is also made clear that, no further coercive proceedings shall be initiated or pursued against the petitioner till the statutory period for filing the appeal is over. The Writ Petition is disposed of. P. R. RAMACHANDRA MENON, JUDGE kmd The date “16.11.2009” occurring in line 4 of paragraph 3 of the judgment dated 16.07.2010 in W.P. (C) 22047 of 2010 is corrected and substituted as “30.04.2010 and issued on 18.05.2010”. W.P. (C) No. 22047 of 2010 : 3 : The last sentence of paragraph 3 is deleted It is clarified that further recovery proceedings ordered to be kept in abeyance as per paragraph 4 of the judgment is for a period of '60+60' days' from the date of service of Exhibit P1 order.. The above corrections and clarification are made as per order dated 03.08.2010 in I.A. 10093 of 2010 in W.P. (C) 22047 of 2010. Sd/- Registrar (Judicial)