IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 35916 of 2007(A)
1. PARRISONS ESTATES AND INDUSTRIES PVT.LTD
... Petitioner
Vs
1. THE ASSISTANT PROVIDENT FUND
... Respondent
2. EMPLOYEES PROVIDENT FUND APPELLATE
For Petitioner :SRI.E.K.NANDAKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :05/12/2007
O R D E R
S.SIRI JAGAN, J.
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W.P.(C) No.35916 of 2007
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Dated this the 5th day of December, 2007
JUDGMENT
Aggrieved by Exts. P1 to P4 orders passed under Section
14B of the Employees Provident Fund & Miscellaneous
Provisions Act 1952, the petitioner filed Exts. P5 to P8 appeals
before the 2nd respondent-Tribunal. The petitioner’s grievance
in this writ petition is that even before the period prescribed in
the Act for preferring appeals was over, the 1st respondent has
initiated coercive proceedings for recovery of the amount
demanded as per the orders impugned in the appeals. The
petitioner submits that this is arbitrary and unsustainbale. The
petitioner, therefore, seeks stay of coercive recovery proceedings
pursuant to the orders impugned in the appeal till disposal of the
appeal.
2. I have heard the learned standing counsel appearing
for the organisation also. Under the Act, the petitioner has got a
right to move the tribunal for stay of recovery of the amounts
W.P.(C) No.35916/2007 -2-
covered by the orders in appeal. That being so, it is only
appropriate that the 1st respondent keeps coercive recovery
proceedings in abeyance till the tribunal considers and passes
orders on the interim prayer of the petitioner in the appeals. In
the circumstances, this writ petition is disposed of with a
direction to the 2nd respondent to consider the petitioner’s
prayer for interim relief on Exts. P5 to P8 appeals as
expeditiously as possible. Till orders are passed on the interim
prayers, further coercive proceedings pursuant to Exts. P1 to P4
orders shall be kept in abeyance.
S.SIRI JAGAN,
JUDGE
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