High Court of KeralaWP(C)/3249/2015disposed of

Major Punnose P.A. (Retired) v. Assistant Provident Fund Commissioner

2015-02-06Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 6TH DAY OF FEBRUARY 2015/17TH MAGHA, 1936 WP(C).No. 3249 of 2015 (E) -------------------------------------- PETITIONER(S):

---------------------- MAJOR PUNNOSE P.A. (RETIRED), B.P.C.L.COCO OPERATOR, B.P.C.L PETROL PUMP DOOR NO.1/446-B, SEA PORT AIR PORT ROAD, IRUMPANAM KOHI-682 309.

BY ADVS.SMT.S.K.DEVI SRI.SANTHOSH P.ABRAHAM RESPONDENT(S):

-------------------------

1. ASSISTANT PROVIDENT FUND COMMISSIONER EMPLOYES' PROVIDENT FUND ORGANIZATION SUB REGIONAL OFFICE, 36/685/A, BHAVISHYANIDHI BHAVAN P.B NO.1895, KALOOR, KOCHI-682 017.

2. THE EMPLOYES' PROVIDENT FUND APPELLATE TRIBUNAL 4TH FLOOR, CORE-2, SCOPE MINAR LAKSHMI NAGAR, DELHI-110 092.

BY ADVS. DR.S.GOPAKUMARAN NAIR (SR.) SRI.A.RAJASIMHAN,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 3249 of 2015 (E) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1.

A TRUE COPY OF THE AGREEMENT DATED 30/9/2009 ENTERED BETWEEN THE PETITIONER AND 1ST RESPONDENT EXT.P2.

A TRUE COPY OF THE INTIMATION NO.KR/KCH/27662/ENFF.III(2) 2011/12649 DATED 18/11/2011 ISSUED BY THE 1ST RESPONDENT EXT.P3.

A TRUE COPY OF THE REPLY DATED 16/4/2014 GIVEN BY THE PETITIONER TO THE 1ST RESPONDENT EXT.P4.

A TRUE COPY OF THE ORDER NO.KR/KCH/27662/DAMAGES CELL DATED 12/11/2014 ISSUED BY THE 1ST RESPONDENT EXT.P5.

A TRUE COPY OF THE APPEAL DATED 17/12/2014 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

K.VINOD CHANDRAN, J - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 3249 of 2015 - - - - - - - - - - - - - - - - Dated 6th February, 2015 - - - - - - - - - - - - - - - - - - - - - - - -

JUDGMENT

The petitioner is aggrieved by the demand raised as per Ext.P4 order passed by the Employees Provident Fund Organization/ 1st respondent.

2. The contention of the petitioner is that, the appeal period expires only on 11.02.2015 and the order specifies that demand shall be satisfied within fifteen days. It is also submitted that, appeal has been filed within the time provided under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (EPF & MP Act) before the Appellate Tribunal. The difficulty in seeking for waiver of pre-deposit and obtaining an interim order is insofar as there is no Presiding Officer in the Appellate Tribunal.

WP(C).3249/15

3. Especially considering the fact that the appeal period is not yet over and appeal has been filed, the demand against the petitioner as per Ext.P4 order, shall be kept in abeyance till the disposal of appeal or consideration of the interim application. There shall be a stay of further demand till the appeal or the interim application is disposed of, whichever is earlier, by the Appellate Tribunal.

The writ petition is disposed of.

Sd/- K.VINOD CHANDRAN Judge Mrcs //True Copy//