IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 WP(C).No. 2083 of 2009(W) ------------------------- PETITIONER(S): --------------- M/S.SREEDURGA CASHEW FACTORY THEKKUMCHERRY, PUTHUR PO., KOLLAM., REP. BY ITS PROPRIETRIX, M.INDIRA BAI, W/O.N.RAVEENDRAN NAIR, DURGA VIHAR, THEKKUMCHERRY, PUTHUR PO., KOLLAM. BY ADV. SRI.R.ARUN SRI.LATHEESH SEBASTIAN RESPONDENT(S): --------------- 1. REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION SUB REGIONAL OFFICE, OLD MUNICIPAL BUILDING KOLLAM. 2. ASSISTANT PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION SUB REGIONAL OFFICE, OLD MUNICIPAL BUILDING, CHINNAKADA, KOLLAM-01. 3. ENFORCEMENT OFFICER, EMPLOYEES PRIVIDENT FUNDS ORGANISATION, MANNANIYYA COMPLEX, KOLLAM-01. 4. KUNJUKUNJU, PROPRIETOR, PREMIER CASHEW INDUSTRIES, CHAKKUVARACKAL, KOTTARAKKARA, KOLLAM. SC FOR EPF SRI. T.N. GIRIJA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No.2083 OF 2009 ------------------------ Dated this the 20th day of January, 2009. JUDGMENT Petitioner submits that he had taken on lease a cashew factory belonging to the 4th respondent. According to him, though the lease was for the period up to 12.3.2009. The factory was surrendered to the 4th respondent on 31.12.2008. Meanwhile, by Ext.P4 order passed by the first respondent under Section 7A of the Employees Provident Fund Act, the PF liability of the establishment has been quantified at Rs.13,90,825.90, making the proprietor liable. However, apprehending that the same will have enforced against him, petitioner filed Ext.P6 under Section 7B of the Act seeking review of Ext.P4. 2. In this writ petition although, several contentions have been raised by the petitioner to get himself exonerated of the liability under Ext.P4, having regard to WP(c).No.2083/09 /2/ the fact that Ext.P6 filed by the petitioner is pending consideration of the first respondent, I am satisfied that the grievance of the petitioner will be redressed, if orders on Ext.P6 are passed. Accordingly, the writ petition is disposed of directing the first respondent to consider and pass orders on Ext.P6 with notice to the petitioner, as expeditiously as possible and at any rate within 4 weeks from the date of production of a copy of the judgment. Taking into account the fact that, by Ext.P4 order the proprietor alone is made liable and as the petitioner claims that he was only a lessee of the premises, it is ordered that until orders are passed on Ext.P6 further proceedings pursuant to Ext.P4 will be kept in abeyance as against the petitioner. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.2083/09 /2/