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High Court of KeralaWP(C)/26615/2015disposed of

Kerala State Ex-Sergice League, Kannur v. Union Of India

2015-09-08Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 8TH DAY OF SEPTEMBER 2015/17TH BHADRA, 1937 WP(C).No. 26615 of 2015 (B) ---------------------------- PETITIONER ------------------ KERALA STATE EX-SERVICES LEAGUE DISTRICT COMMITTEE, KANNUR, VIMUKTHA BHADA BHAVANAM, BURNACHERY, KANNUR - 670 013 REPRESENTED BY ITS SECRETARY M.V.JANARDHANAN.

BY ADV. DR.K.P.PRADEEP RESPONDENTS:

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1. UNION OF INDIA REPRESENTED BY THE SECRETARY MINISTRY OF LABOUR & EMPLOYMENT, SHRAM SHAKTI BHAWAN, RAFI MARG, NEW DELHI-110001.

2. THE ASSISTANT PROVIDENT FUND COMMISSIONER EMPLOYEES' PROVIDENT FUND ORGANIZATION SUB REGIONAL OFFICE, P.B.NO.117, VK COMPLEX FORT ROAD, KANNUR-670013.

3. THE EMPLOYEES' PROVIDENT FUND APPELLATE TRIBUNAL 4TH FLOOR, CORE 2, SCOPE MINAR LAXMI NAGAR, NEW DELHI-110092 REPRESENTED BY ITS REGISTRAR.

4. RECOVERY OFFICER, EMPLOYEES' PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, P.B.NO.117, VK COMPLEX, FORT ROAD, KANNUR-670013.

5. THE KANNUR TOWN SERVICE CO-OPERATIVE BANK LTD P.O.KANNUR, KANNUR-670002 REPRESENTED BY ITS SECRETARY.

R1 BY ADV. SMT.C.G.PREETHA, CGC BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL BY DR.ABRAHAM P.MEACHINKARA, SC, EPF ORG.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 26615 of 2015 (B) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 :

TRUE COPY OF THE BYELAW OF THE PETITIONER ORGANIZATION REG NO.K 77/1992.

EXHIBIT P2 :

TRUE COPY OF THE ORDER NO.KR/KNR/18837/ENF.I(2)7-A/201415/2993 DATED 18.11.2014 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P3 :

TRUE COPY OF THE ORDER NO.KR/KNR/18837/ENF.I(2)/7-A/201415/3986 DATED 26.3.2015 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P4 :

TRUE COPY OF THE CIRCULAR NO.SB-6/13570/85 DATED 10.06.1985 ISSUED BY THE DIRECTORATE OF SAINIKA WELFARE, GOVERNMENT OF KERALA.

EXHIBIT P5 :

TRUE COPY OF THE MEMORANDUM OF APPEAL WITHOUT ANNEXURE FILED BEFORE THE 3RD RESPONDENT EPF APPELLATE TRIBUNAL, NEW DELHI.

EXHIBIT P6 :

TRUE COPY OF THE CHALLAN DATED 03.12.2014 FOR AN AMOUNT OF RS 3,98,728 REMITTED AT STATE BANK OF INDIA, KANNUR BRANCH.

EXHIBIT P7 :

TRUE COPY OF THE NOTICE NO.KR/KNR/18837/ENF.I(2)/ RECOVERY/2015-16/904 DATED 1.6.2015 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.

EXHIBIT P8 :

TRUE COPY OF THE ORDER NO.KL/KNR/18837/ENF.I(2)/ DAMAGES/2015016/1782 DATED 23.7.2015 OF THE ASSISTANT PF COMMISSIONER, KANNUR.

EXHIBIT P9 :

TRUE COPY OF THE ORDER NO.KL/KNR/18837/ENF.I(2)/7-Q/201415/1332 DATED 23.07.2015 OF THE ASSISTANT PF COMMISSIONER, KANNUR.

EXHIBIT P10 :

TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 21-08-15 FILED BEFORE THE 3RD RESPONDENT.

RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 26615 OF 2015 ------------------------------------ Dated this the 8th day of September, 2015

JUDGMENT

Ext.P10 appeal filed against Exts.P8 and P9 orders are pending with the third respondent. The petitioner is aggrieved by the coercive steps taken in the meanwhile pending appeal. 2.

The petitioner is free to apply for appropriate interim orders in Ext.P10 appeal. Any motion for interim relief shall be considered within a period of one month. The coercive steps pursuant to Exts.P8 and P9 orders shall not be enforced for a period of six weeks to facilitate the petitioner to move the third respondent.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd