IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 21292 of 2010(J)
1. M/S.SREE DURGA CASHEW FACTORY,
... Petitioner
Vs
1. THE ASSISTANT PROVIDENT FUND
... Respondent
2. THE ENFORCEMENT OFFICER,EMPLOYEES
For Petitioner :SRI.R.ARUN
For Respondent :SRI.V.V.SURESH,SC,EPF.ORGANISATION
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :22/07/2010
O R D E R
K. SURENDRA MOHAN, J.
------------------------------------------------------------
W.P(C) NO: 21292 OF 2010 J
-----------------------------------------------------------
Dated this the 22nd July, 2010.
JUDGMENT
The petitioner is the proprietrix of Messrs. Sree Durga Cashew
Factory in Kollam district. She has filed this writ petition
challenging Exts.P1 to P3 orders by which penal interest under
Section 7Q and damages under Section 14B of the Employees
Provident Funds and Miscellaneous Provisions Act, 1952 has been
imposed on the petitioner. When this writ petition came up for
admission on 8/7/2010 an interim order directing the parties to
maintain status quo for a period of two weeks was granted. The
petitioner has produced additional documents Exts.P4 to P6 along
with I.A.10004/2010 a petition to receive the said documents.
The said petition has been allowed and the documents have been
received. It is submitted that the petitioner has already filed
appeals before the additional third respondent, which are Exts.P4
to P6. The said appeals are accompanied by separate petitions for
stay also. Since the validity of Exts.P1 to P3 are pending
consideration of the additional third respondent, it is sufficient that
the said authority considers the same on the merits.
WPC 21292/2010 2
2. In the above circumstances this writ petition is disposed of
directing the additional third respondent to consider the stay
petitions filed by the petitioner along with the appeals evidenced
herein by Exts.P4 to P6 in accordance with law and to pass
appropriate orders thereon as expeditiously as possible, at any rte
within a period of two months from the date of receipt of a copy of
this judgment. Pending final orders on the stay petition as
indicated above, all further action to enforce Exts.P1 to P3 orders or
to recover the amounts demanded therein shall be kept in
abeyance.
K. SURENDRA MOHAN
Judge
jj
WPC 21292/2010 3