IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 19TH AUGUST 2011 / 28TH SRAVANA 1933 WP(C).No. 22607 of 2011(A) -------------------------- PETITIONER : --------------------- S.A.CASHEW FACTORY, MUTTAKKAVU, NEDUMPANA PO, KOLLAM DISTRICT REPRESENTED BY ITS PROPRIETOR, M. BASHEERKUTTY. BY ADV. SRI.B.SURESH KUMAR RESPONDENT(S): ------------------------- 1. THE EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL CORE 2, 4TH FLOOR, SCOPE MINAR, LAXMI NAGAR DISTRICT CENTRE, DELHI 110 092. 2. THE ASSISTANT PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANISATION MANNANIYA COMPLEX, ANDAMUKKAM, KOLLAM 691 001. 3. THE ENFORCEMENT OFFICER, EMPLOYEES PROVIDENT FUND ORGANISATION MANNANIYA COMPLEX, ANDAMUKKAM, KOLLAM 691 001. R1 TO R3 BY ADV. SRI. PIRAPPANCODE V.S. SUDHEER, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 22607 of 2011(A) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE ORDER DATED 2/12/2008 PASSED BY THE 2ND RESPONDENT. EXT.P2 : COPY OF THE ORDER DATED 24/2/2011 IN WP(C) NO. 5857/2011 PASSED BY THIS HON'BLE COURT. EXT.P3 : COPY OF THE DEMAND DRAFT DATED 21.3.2011 EVIDENCING PAYMENT OF RS. 2 LAKHS IN FAVOUR OF THE ASSISTANT P.F. COMMISSIONER, KOLLAM. EXT.P4 : COPY OF THE ORDER DATED 7.4.2011 PASSED BY THE 2ND RESPONDENT. EXT.P5 : COPY OF THE DEMAND DRAFT DATED 7.7.2011 DRAWN IN FAVOUR OF THE REGIONAL PROVIDENT FUND COMMISSIONER, KOLLAM. EXT.P6 : COPY OF THE APPEAL MEMORANDUM DATED 23/07/2011 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.22607 of 2011 ----------------------------------------- Dated this the 19th August, 2011 JUDGMENT This writ petition is filed challenging Ext.P4 order passed by the second respondent under section 14-B of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 whereby the second respondent levied the sum of Rs.1,14,535/- as damages under section 14-B of the said Act. The other relief sought in the writ petition is for an order directing the Employees' Provident Fund Appellate Tribunal, New Delhi, the first respondent herein, to consider Ext.P6 appeal and pass orders thereon expeditiously and till such time to keep Ext.P4 order in abeyance. 2. Shorn of details, the main contention raised by the petitioner is that Ext.P1 order passed under section 7A of the Employees Provident Funds and Miscellaneous Provisions Act, 1952, which also takes in a period of two months covered by Ext.P4 order was set aside by this Court in W.P(C)No.5857 of 2011, that pursuant to the interim order passed in the said case the petitioner had deposited the sum of Rs.2,00,000/- towards the W.P(C).No.22607 of 2011 -:2:- employees' provident fund contribution, that the interest determined as per Ext.P4 order was also paid and therefore, without insisting on any further deposit, the Employees' Provident Fund Appellate Tribunal may be directed to dispose of Ext.P6 appeal. 3. under section 7-O of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 unless the Employees' Provident Fund Appellate Tribunal waives the whole or any portion of the amount required to be deposited by way of pre deposit, every appellant is bound to deposit 75% of the amount assessed by the order under challenge. It is for the Tribunal to decide whether having regard to the case set out by the petitioner, the whole or any portion of the amount required to be deposited should be waived. The petitioner has also filed an application in that regard as can be seen from Ext.P6 memorandum of appeal. In such circumstances as the petitioner has already invoked the alternative remedy available to him by way of appeal and the Employees' Provident Fund Appellate Tribunal is yet to consider the application filed by the petitioner for waiver of the pre-deposit, no relief can be granted in this writ W.P(C).No.22607 of 2011 -:3:- petition. The writ petition fails and is accordingly dismissed without prejudice to the right of the petitioner to move the Employees' Provident Fund Appellate Tribunal for expeditious disposal of the appeal and for appropriate orders on the application filed by him for waiver of the pre deposit. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.22607 of 2011 ---------------------------- JUDGMENT 19th August, 2011