IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 16TH APRIL 2010 / 26TH CHAITHRA 1932 WP(C).No. 13229 of 2010(C) -------------------------- PETITIONER(S): --------------- A.NIYAZ,S/O.ASANARU PILLAI, PROPRIETOR, NIYAZ CASHEWS, KERALAPURAM, VELLIMON P.O.,KOLLAM,RESIDING AT SOUDA MANZIL, CONDONMENT SOUTH,KOLLAM DISTRICT. BY ADV. SRI.B.MOHAN LAL RESPONDENT(S): --------------- 1. THE EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, CORE-2,4TH FLOOR,SCOPE MINAR, LAXMI NAGAR,NEW DELHI - 1100092. 2. THE ASSISTANT PROVIDENT FUND COMMISSIONER, THE EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, KOLLAM-691001. 3. THE RECOVERY OFFICER, THE EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, KOLLAM - 691001. BY ADV. SRI. V.V. SURESH, SC, EPF ORGANIZATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: shg/ S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 13229 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of April, 2010 J U D G M E N T Petitioner is a proprietor of an establishment covered under the Employees Provident Fund and Miscellaneous Provisions Act. Aggrieved by the orders imposing damages under Section 14-B of the Act and demanding interest under Section 7-Q of the Act, for delayed payment of contributions petitioner have filed Ext.P3 appeal before the 1st respondent along with a petition for stay. Petitioner's grievance in this writ petition is before the Tribunal could pass orders on the stay petition, respondents 2 & 3 are taking coercive recovery proceedings by issuing Ext.P4. The petitioner submits that it is unjust to continue coercive proceedings before petitioner's application for stay is disposed of by the Tribunal. 2. I have heard the standing counsel appearing for the Employees Provident Fund Organization also. W.P.(C)No. 13229 of 2010 -2- 3. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the 1st respondent to dispose of the stay petition accompanying Ext.P3 appeal, as expeditiously as possible, at any rate within a period of one month from the date of receipt of a copy of this judgment. Till then, there will be a stay of further coercive proceedings for recovery of the amounts disputed in Ext.P3 appeal on condition that the petitioner pays an amount of Rs.63,749/- within two weeks . 4. This is subject to the further condition that the petitioner shall forward a copy of the writ petition along with a certified copy of this judgment to the 1st respondent and produce proof of having filed the same before the 2nd respondent, within a period of two weeks from the date of receipt of a copy of this judgment, failing which the petitioner would not be entitled to the benefit of this judgment. S. SIRI JAGAN JUDGE shg/