IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 WP(C).No. 17494 of 2011(J) -------------------------- PETITIONER(S): ------------------------ M/S.ENTER TECHNOLOGIES (PVT).LTD., NO.224,'NILA',TECHNOPARK CAMPUS, THIRUVANANTHAPURAM,REP.BY ITS CHIEF EXECUTIVE OFFICER,VINITHA NAMBIAR. BY ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. RESPONDENT(S): ------------------------- ASSISTANT PROVIDENT FUND COMMISSIONER, EPFO ,BHAVISHYANIDHI BHAVAN,PATTOM, THIRUVANANTHAPURAM-695004. BY SMT. T.N. GIRIJA, SC, EPF. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17494 of 2011 APPENDIX: PETITIONER'S EXHIBITS: EXHIBIT P1: TRUE COPY OF THE WRITTEN OBJECTION DATED 26.08.2010 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT. EXHIBIT P2: TRUE COPY OF THE ORDER No.KR/16476/Enf.I(1)/2010 DATED 9.11.2010 PASSED BY THE RESPONDENT. EXHIBIT P3: TRUE COPY OF THE MEMORANDUM OF APPEAL No.ATA No.760(7)/2010 FILED BEFORE THE EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, NEW DELHI. EXHIBIT P4: TRUE COPY OF THE ORDER DATED 16.12.2010 OF THE EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, NEW DELHI IN ATA No.760(7)/ 2010. EXHIBIT P5: TRUE COPY OF THE ORDER DATED 19.5.2011 OF THE EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, IN ATA No.760(7)/2010. RESPONDENT'S EXHIBITS: NIL TRUE COPY P.A. TO JUDGE. Kp/ P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 17494 OF 2011 -------------------------- Dated this the 29th day of June, 2011 J U D G M E N T The petitioner, a private limited company which is running an establishment covered under the provisions of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as 'the Act' for short), has filed this writ petition challenging Ext.P2 order passed by the respondent under section 7A of the Act, Ext.P4 order passed by the Employees Provident Fund Appellate Tribunal, New Delhi in A.T.A. No.760(7)2010 directing the petitioner to pay 40% of the amount demanded as per Ext.P2 towards pre-deposit and Ext.P5 order passed by the Employees Provident Fund Appellate Tribunal, New Delhi in A.T.A. No.760(7)2010 rejecting the appeal for non payment of the said amount. 2. Though several contentions on the merits have been raised in the writ petition, when the writ petition came up for hearing today, Sri.Shinod G.P., the learned counsel appearing for the petitioner submitted that the petitioner is prepared to pay 40% of the amount demanded as per Ext.P4 but a reasonable time may be given to the petitioner to deposit the said amount and that upon such deposit being made, the Appellate Tribunal may be directed to entertain the appeal and dispose of the same on the merits. 3. Smt.T.N.Girija, learned standing counsel appearing for the Employees Provident Fund Organisation did not oppose the said request. WPC No.17494/2011 2 In such circumstances, as the petitioner has expressed willingness to comply with the stipulations in Ext.P5 order, I deem it appropriate to grant the petitioner an opportunity to deposit 40% of the amount directed to be deposited by the Employees Provident Fund Appellate Tribunal, New Delhi as per Ext.P4 order and to have the appeal heard and decided on the merits. I accordingly allow the the writ petition, quash Ext.P5 order and enlarge the time fixed by the Employees Provident Fund Appellate Tribunal, New Delhi for payment of 40% of the amount assessed pursuant to Ext.P2 order till 1.8.2011 and further direct that in the event of the petitioner depositing 40% of the amount assessed as per Ext.P2 with the respondent on or before 1.8.2011 and producing proof of such deposit before the Employees Provident Fund Appellate Tribunal, New Delhi, the Employees Provident Fund Appellate Tribunal, New Delhi shall take back A.T.A. No.760(7)2010 to file, issue notice to the respondent and decide the appeal on the merits after affording the petitioner and the respondent an opportunity of being heard. Till such time, in the event of the petitioner depositing 40% of the amount assessed pursuant to Ext.P2, recovery pursuant to Ext.P2 order shall be kept in abeyance. P.N.RAVINDRAN, (JUDGE) vps WPC No.17494/2011 3