IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 4139 of 2009(P)
1. EDWARD STEPHEN,
... Petitioner
Vs
1. EMPLOYEES PROVIDENT FUND ORGANISATION,
... Respondent
2. THE ASSISTANT PROVIDENT FUND
3. UNION OF INDIA, REPRESENTED BY ITS
For Petitioner :SRI.ANIL NARAYANAN
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :09/02/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C.) No.4139 of 2009
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Dated, this the 9th day of February, 2009
J U D G M E N T
The petitioner submits that his establishment is covered under
the Employees Provident Fund and Miscellaneous Provisions Act,
1952. Ext.P1 is an order passed by the 2nd respondent exercising his
powers under Section 7A of the Act holding that the petitioner is
liable to remit the amount mentioned therein.
2. According to the petitioner on receipt of Ext.P1, he has
filed Ext.P2 before the 2nd respondent seeking review of Ext.P1,
invoking the powers under Section 7B of the Act. Orders have not
been passed on Ext.P2. In the meanwhile, the petitioner apprehends
that coercive steps will be initiated against the petitioner to recover
the amount due under Ext.P1. It is with that grievance, the writ
petition is filed.
3. Heard the learned counsel appearing for the petitioner as
also the learned standing counsel appearing for the respondents.
4. As already stated, according to the petitioner on receipt
of Ext.P1 issued under Section 7A of the Act, Ext.P2 application has
WPC No.4139/2009
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been made by him by invoking Section 7B of the Act. So long as
Ext.P2 is pending, in my view, steps, if any, taken for recovery of the
amount under Ext.P1 is premature.
5. Therefore, I direct the 2nd respondent to consider and
pass orders on Ext.P2 with notice to the petitioner, which shall be
done as expeditiously as possible, at any rate, within eight weeks of
production of a copy of this judgment. In the meanwhile, it is
directed that further proceedings pursuant to Ext.P1 shall be kept in
abeyance.
6. The petitioner will produce a copy of this judgment
before the 2nd respondent for compliance.
The writ petition is disposed of as above.
(ANTONY DOMINIC, JUDGE)
jg