IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 WP(C).No. 4334 of 2008(N) ------------------------- PETITIONER: ---------------- THE HOUSE OF FOODS & CHEMICALS (P) LTD. KANJIKODE, PALAKKAD, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENTS: ------------------ 1. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, SUB REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, ERANHIPALAM, KOZHIKODE. 2. THE EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL 9TH FLOOR, MAYOOR BHAVAN, NEW SANKAR MARKET, CONNOUGHT PALACE, NEW DELHI-1. BY SRI. THOMAS MATHEW NELLIMOOTTIL -SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 4334 of 2008 EXT.P1: COPY OF NOTICE DATED 1.8.07 ISSUED BY R1. EXT.P2: COPY OF REPLY DATED 20.8.06 TO EXT.P1. EXT.P3: COPY OF ORDER DATED 10.9.07 ISSUED BY R1. EXT.P4: COPY OF APPEAL DTD 8.1.08 SUBMITTED BY THE PETITIONER. EXT.P5: COPY OF APPLICATION DTD 8.1.08 FOR WAIVER OF PRE-DEPOSIT SUBMITTED ALONG WITH THE APPEAL. EXT.P6: COPY OF WARRANT DATED 6.11.07 ISSUED BY R1. EXT.P7: COPY OF ATTACHMENT MAHAZAR DTD 15.11.2007. R1 EXHIBITS EXT.R1(a): COPY OF LETTER DATED 9.1.2008 SUBMITTED BY THE PETITIONER. EXT.R1(b): COPY OF LETTER DATED 23.1.2008 ISSUED TO THE PETITIONER. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.4334 OF 2008 ---------------------------------------- Dated this the 28th day of August, 2008 JUDGMENT Heard both sides. The petitioner is challenging proceedings under Section 14B of the Employees Provident Funds and Miscellaneous Provisions Act and consequent proceedings for coercive recovery of amounts demanded as per the order. At the time of admission, I granted an interim stay for a month on the petitioner depositing an amount of Rs.2 lakhs within one month. I had also directed the petitioner to forward the appeal, which has been returned to the petitioner, in view of certain difficulties in the office of the Tribunal on account of a fire in the said office. The interim order has been subsequently extended also. Now the petitioner submits that they have in fact filed the appeal and the appeal has been accepted by the Tribunal. However, they have not yet received any acknowledgment from the Tribunal in respect of the same. In the above circumstances, the writ petition is disposed of with the following directions: W.P.(c)No.4334/08 2 The 2nd respondent Tribunal shall consider and pass orders on the appeal filed by the petitioner as expeditiously as possible. Till disposal of the appeal, the stay granted in this writ petition shall continue to be in force, provided the petitioner has paid Rs.2 lakhs as directed in order dated 6.2.08. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.4334/08 3