IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 24TH JULY 2008 / 2ND SRAVANA 1930 WP(C).No. 21762 of 2008(N) -------------------------- PETITIONER: ------------ TECHNIBHARATI LTD., 34/136/A,FLARANCE FIRST FLOOR BYPASS, EDAPALLY,KOCHI, REPRESENTED BY ITS MANAGING DIRECTOR BY ADV. SRI.JOMY GEORGE SRI.P.REJINARK SRI.LITHIN THOMAS RESPONDENTS: ------------- 1. ASSISTANT PROVIDENT COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN PATTOM P.O.,THIRUVANANTHAPURAM 695 004 2. EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL 9TH FLOOR, MAYUR BHAVAN, CONNAUGHT PLACE NEAR SUPER MARKET, OPP. SHANKER MARKET, NEW DELHI 110001. BY ADV. SRI.N.N. SUGUNAPALAN, SC, P.F. FOR R2 SMT.T.N.GIRIJA, SC,EPF ORGANISATION FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 21762 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 24th July, 2008. J U D G M E N T The petitioner is an establishment covered under the Employees Provident Funds and Miscellaneous Provisions Act. In respect of delay in payment of contributions for certain periods, the 1st respondent initiated proceedings for recovery of damages under Section 14B which has resulted in Exts. P1 and P2 orders. Against these orders, the petitioner filed two appeals, namely, Exts.P3 and P4. Petitioner's grievance is that while the appeals are pending, by Ext. P5, coercive recovery proceedings have been initiated. The petitioner challenges the same on the ground that it is unjust on the part of the 1st respondent to initiate proceedings for recovery while the appeals are pending. 2. I have heard the learned standing counsel for the Provident Fund Organisation also. 3. I am satisfied that it is not proper for the 1st respondent to initiate coercive recovery proceedings while the appeals are pending. But, in so far as the petitioner cannot say that they are not liable for any damages at all, I am of opinion that they shall pay a part of the amount now demanded from them. In the above circumstances, the writ petition is disposed of as follows: The 2nd respondent shall consider and pass appropriate orders on Exts. P3 and P4 appeals as expeditiously as possible. Till disposal of the appeals, further proceedings for coercive recovery pursuant to Exts. P1 and P2 including proceedings under Ext. P5 shall be kept in abeyance on condition that the petitioner pays an amount of Rs. 1 lakh within one month. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.