IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 7976 of 2009(N)
1. THE PLANTATION CORPORATION OF KERALA LTD
... Petitioner
Vs
1. THE REGIONAL PROVIDENT FUND COMMISSIONR
... Respondent
For Petitioner :SRI.JOSEPH KODIANTHARA
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :13/03/2009
O R D E R
ANTONY DOMINIC, J.
==============
W.P.(C) NO. 7976 OF 2009 (N)
====================
Dated this the 13th day of March, 2009
J U D G M E N T
Heard both sides.
2. Petitioner is a Government of Kerala Undertaking and
an establishment covered under the Employees Provident Fund
and Miscellaneous Provisions Act. By Ext.P1 order, an amount of
Rs.27,41,740/- was levied on the petitioner as damages under
Section 14B of the Act. This order was passed by the 1st
respondent.
3. Aggrieved by the said order, Ext.P2 appeal has been
filed by the petitioner before the 2nd respondent. The appeal is
pending and in the meanwhile, petitioner submits that coercive
action in pursuance to Ext.P1 is being taken. It is in these
circumstances the writ petition is filed.
4. Admittedly, as is evident from Ext.P2 filed before the
2nd respondent, the appeal filed by the petitioner aggrieved by
Ext.P1 is pending. Therefore, in my view, it is premature to seek
realisation of the damages that is levied on the petitioner by
Ext.P1.
WPC 7976/09
:2 :
5. Therefore, the writ petition is disposed of with the
following directions.
(1) That the 2nd respondent Tribunal before whom Ext.P2
appeal is pending, shall consider and pass orders on Ext.P2, with
notice to the petitioner.
(2) This shall be done, as expeditiously as possible, at any
rate within 3 months of production of a copy of this judgment.
(3) It is directed that in the meanwhile, further
proceedings for realisation of the amount due under Ext.P1 will be
kept in abeyance.
ANTONY DOMINIC, JUDGE
Rp