IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 15169 of 2008(E)
1. THE ADMINISTRATOR, ARALAM FARM,
... Petitioner
Vs
1. ASSISTANT PROVIDENT FUND COMMISSIONER,
... Respondent
2. EMPLOYEES' PROVIDENT FUND APPELLATE
3. THE BRANCH MANAGER,
For Petitioner :SRI.E.K.NANDAKUMAR
For Respondent :SRI.M.PATHROSE MATTHAI (SR.)
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :11/06/2008
O R D E R
Thottathil B. Radhakrishnan, J.
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W.P.(C)No.15169 of 2008
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Dated this the 11th day of June, 2008.
JUDGMENT
Petitioner, a State Government owned farm,
faces an order under the EPF and MP Act, 1952
imposing damages. It filed an appeal before the
second respondent and an application for stay of
all further proceedings pursuant to Ext.P1 order.
But it did not get any order of stay. It is stated
that it happened only because the Appellate
Tribunal was not sitting. Whatever that be, the
EPF authorities proceeded with distress action and
moneys of the petitioner in the hands of third
respondent bank have been attached and taken over.
Petitioner challenges such action and seeks a
direction for return of such money.
2. Having heard the learned counsel for the
petitioner and the learned standing counsel for the
WPC15169/2008
-:2:-
first respondent, I do not deem it appropriate to
issue any direction to refund the recovered amount,
as of now. However, the following directions are
issued:
(1) The Appellate Tribunal will decide the
appeal untrammelled by anything stated in this
judgment.
(2) If the petitioner is given any relief in
the appeal, the amount in deposit will be
appropriately dealt with by way of adjustment.
(3) The appeal shall be decided within a
period of six months from the date of receipt of a
copy of this judgment.
Thottathil B.Radhakrishnan,
Judge.
sl.