IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 28TH MAY 2008 / 7TH JYAISHTA 1930 WP(C).No. 14935 of 2008(C) -------------------------- PETITIONER: ------------ M/S.HAILEYBURIA TEA ESTATE LTD., ELAPPARA, IDUKKI DISTRICT, REPRESENTED BY ITS EXECUTIVE CO-ORDINATOR MR.K.K.NAIR. BY ADV. SRI.JOSEPH KODIANTHARA RESPONDENTS: ------------- 1. THE REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB-REGIONAL OFFICE, CHALAKUZHY BUILDING, CMS COLLEGE ROAD, KOTTAYAM- 686 001. 2. EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, 9TH FLOOR, MAYUR BHAVAN, CONNAUGHT PLACE, NEAR SUPER MARKET, OPP. SHANKER MARKET, NEW DELHI- 110 001. BY ADV. SRI.JOY THATTIL ITOOP, SC, EPF ORGANISA FOR R1 SHRI.P.PARAMESWARAN NAIR, ASST.SG THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C) No. 14935 of 2008-C ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 28th day of May, 2008 J U D G M E N T Petitioner is a Plantation Company owning Tea Estates. Admittedly, for the default committed by it in paying the Provident Fund dues, Exts.P6 and P7 orders were issued levying damages under Section 14B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the “Act”) and interest under Section 7Q of the Act. 2. Petitioner has filed Ext.P8 appeal and with a prayer for an interim order, and that is pending consideration of the second respondent but, however, without any orders passed thereon. In so far as Ext.P7 levying interest is concerned, petitioner submits that it proposes to move the Government seeking to waive the interest. It is submitted by the learned counsel that the petitioner faces threat of recovery proceedings and that is why this writ petition has been filed. 3. I heard learned counsel for the petitioner and also learned counsel appearing on behalf of the respondents. W.P.(C).No.14935/2008-C -: 2 :- 4. In so far as Ext.P6 order issued under Section 14B of the Act is concerned, the petitioner has already approached the second respondent Appellate Tribunal by filing Ext.P8 appeal with a prayer for an interim order. Therefore, it is for the second respondent to consider Ext.P8 appeal and pass appropriate orders thereon. 5. Accordingly, I direct that the second respondent shall consider and pass orders on Ext.P8 appeal or on the prayer made by the petitioner for an interim order as expeditiously as possible and at any rate, within eight weeks on production of a copy of this judgment. In the meanwhile, I direct that the proceedings pursuant to Ext.P6 shall be kept in abeyance. 6. Coming to Ext.P7 order levying statutory interest under Section 7Q of the Act is concerned petitioner proposes to file an application before appropriate Government seeking its waiver. This, the petitioner may do, however, making payment, discharging the interest liability. It is clarified that any such payment shall be subject to the outcome of the representation that the petitioner proposes to file. Writ petition is disposed of as above. ANTONY DOMINIC, Judge ms