IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 6313 of 2009(H)
1. M.ABDUL HAKKIM
... Petitioner
Vs
1. THE ASST. PROVIDENT FUND COMMISSIONER
... Respondent
For Petitioner :SRI.JOHNSON GOMEZ
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :26/02/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 6313 OF 2009 (H)
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Dated this the 26th day of February, 2009
J U D G M E N T
Aggrieved by Ext.P1, an order passed by the 1st respondent
exercising his powers under Section 7A of the Employees’ Provident Fund
and Miscellaneous Provisions Act, petitioner has filed Ext.P2 appeal before
the 2nd respondent accompanied by Ext.P3, praying for waiver of the
condition of pre-deposit and also for stay of Ext.P1. In this writ petition,
what the petitioner seeks is a direction to the 2nd respondent to consider
and pass orders on Ext.P3, and in the meanwhile, to keep the recovery
proceedings, if any, in abeyance.
2. Although the standing counsel appearing for the respondents
object to the prayer made contending that money is due from the
petitioner in terms of Ext.P1, having regard to the fact that Ext.P3 petition
filed by the petitioner is pending consideration of the 2nd respondent, I feel
at this stage, petitioner should not be saddled with the liability to pay the
amount due under Ext.P1.
3. Having regard to the submissions made, I dispose of this writ
petition with the following directions.
1) That the 2nd respondent shall within 8 weeks from today
WPC 6313/09
:2 :
consider and pass orders on Ext.P3.
2) It is directed that until orders are passed as above, further
proceedings for recovery of the amount due under Ext.P1 will be kept in
abeyance.
3) Petitioner may produce a copy of this judgment before the 2nd
respondent for compliance.
ANTONY DOMINIC, JUDGE
Rp