High Court of KeralaWP(C)/860/2015disposed of

Malabar Institute Of Medical Sciences Ltd v. The Regional Provident Fund Commissioner

2015-01-13Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 13TH DAY OF JANUARY 2015/23RD POUSHA, 1936 WP(C).No. 860 of 2015 (F) -------------------------- PETITIONER :

----------------------- MALABAR INSTITUTE OF MEDICAL SCIENCES LTD, MINI BYE-PASS ROAD, GOVINDAPURAM P.O., CALICUT - 673 016, REPRESENTED BY ITS COMPANY SECRETARY.

BY SRI.U.K.RAMAKRISHNAN,SENIOR ADVOCATE ADVS. SRI.E.K.MADHAVAN SMT.P.VIJAYAMMA SRI.V.KRISHNA MENON SMT.UMA GOPINATH SRI.PRINSUN PHILIP SMT.J.SURYA SMT.DEVI.C.HARIDAS SRI.U.K.DEVIDAS RESPONDENT(S):

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1. THE REGIONAL PROVIDENT FUND COMMISSIONER, SUB REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, P.B. NO. 1806, ERANHIPALAM P.O., KOZHIKODE- 673 006.

2. THE EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, CORE-2, 4TH FLOOR, SCOPE MINAR, LAXMI NAGAR, NEW DELHI - 110 092.

R1 & R2 BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL,SC, P.F. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 860 of 2015 (F) ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1TRUE COPY OF THE ORDER DATED 31/10/2014. EXHIBIT-P2TRUE COPY OF THE MEMORANDUM OF APPEAL WITH ANNEXURE EXCEPT ANNEXURE-A5 EXHIBIT-P3TRUE COPY OF THE PETITION FOR STAY. EXHIBIT-P4TRUE COPY OF THE PETITION FOR WAIVER OF PRE-DEPOSIT. EXHIBIT-P5TRUE COPY OF THE MAIL DATED 15/12/2014 RECEIVED FROM THE COUNSEL.

EXHIBIT-P6TRUE COPY OF THE LETTER DATED 09/12/2014 OF THE IST RESPONDENT.

EXHIBIT-P7TRUE COPY OF THE LETTER DATED 17/12/2014. RESPONDENT(S)' EXHIBITS:

NIL /TRUE COPY/ P.A.TO.JUDGE sts

K. VINOD CHANDRAN, J.

===================== W.P.(C) No.860 of 2015 - F ====================== Dated this the 13th day of January, 2015

J U D G M E N T

Ext.P1 is the Section 7A order passed against the petitioner, under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (for brevity, 'EPF & MP Act'), against which, petitioner filed Ext.P2 appeal, which is accompanied by Ext.P3 stay petition and also Ext.P4 petition for waiver of pre-deposit, before the 1st respondent. Appeal, stay petition and waiver application are pending before the 1st respondent. In the meanwhile, coercive proceedings have been initiated. It is in this context, the writ petition has been filed. The petitioner also contends that at present there is no presiding officer in the Tribunal.

2. In the above circumstances, it is only proper that, the coercive proceedings be stayed until orders are passed in either Exts.P3 and P4, which order shall

W.P.(C) No.860 of 2015 - F determine the matter thereafter.

3. There shall be a stay of recovery on condition of the petitioner paying 25% of the amounts, subject however to the consideration of the application for waiver of pre- deposit and stay petition; on passing orders in which the matter shall be governed by such orders.

Writ petition disposed of.

Sd/- K. VINOD CHANDRAN, JUDGE SB // true copy // P.A to Judge.