IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929 WP(C).No. 3138 of 2008(W) ------------------------- PETITIONER: ------------ THE IDUKKI DISTRICT CO-OPERATIVE BANK, REPRESENTED BY ITS GENERAL MANAGER, IDUKKY COLONY P.O., IDUKKI. BY ADV. SRI.P.C.SASIDHARAN RESPONDENTS: ------------- 1. REGIONAL PROVIDENT FUND OFFICER, OFFICE OF THE REGIONAL PROVIDENT FUND OFFICE, SRO, KOTTAYAM. 2. RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND OFFICE, SUB REGIONAL OFFICE, CMS COLLEGE ROAD, KOTTAYAM. 3. THE EMPLOYMENT PROVIDENT FUND APPELLATE TRIBUNAL, OFFICE OF THE EMPLOYMENT PROVIDENT FUND APPELLATE TRIBUNAL, NEW DELHI, REP. BY ITS SECRETARY. BY ADV. SRI.JOY THATTIL ITOOP, SC, EPF ORGANISATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ======================= W.P.(C) No. 3138 of 2008(W) ======================= Dated this the 30th day of January, 2008 JUDGMENT The petitioner is a cooperative society who has been assessed to contributions under the Employees Provident Funds and Miscellaneous Provisions Act. They delayed payment of contributions. As a result, proceedings were initiated under Section 7Q and under Section 14B of the Act for recovery of interest and damages. The same ended in Ext. P3 order under Section 7Q and Ext.P4 order under Section 14B. The petitioner filed Ext.P5 appeal against those orders. Petitioner filed this writ petition apprehending coercive recovery proceedings while the appeal is pending. Petitioner seeks stay of recovery during the pendency of the appeal. 2. The learned standing counsel for the provident fund organisation opposed the prayers of the petitioner. According to him, when delay is admitted, the petitioner cannot escape liability for payment of interest and damages. W.P.(C) No. 3138/2008/W -2- 3. After hearing, I direct the 3rd respondent Tribunal to dispose of Ext.P5 appeal, as expeditiously as possible. However, I feel that for stay of recovery pending appeal, the petitioner has to pay interest under Section 7Q as well as a portion of the damages. Accordingly, I direct that if the petitioner pays interest under Section 7Q amounting to Rs.30,461/- and an amount of Rs.30,000/- towards payment of damages further recovery proceedings pursuant to Ext.P4 shall be kept in abeyance. The writ petition is disposed of as above. S.SIRI JAGAN, JUDGE jp