Kannur Municipality v. The Asst.Provident Fund Commissioner (C&R)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 14TH DAY OF OCTOBER 2015/22ND ASWINA, 1937 WP(C).No. 31328 of 2015 (M) ---------------------------- PETITIONER(S):

-------------------------- KANNUR MUNICIPALITY KANNUR P.O, KANNUR-670 001 KERALA STATE REP. BY ITS SECRETARY SRI.V.J.KURIAN BY ADVS.SRI.M.GOPIKRISHNAN NAMBIAR SRI.P.GOPINATH SRI.P.BENNY THOMAS SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS RESPONDENT(S):

---------------------------- 1.

THE ASST.PROVIDENT FUND COMMISSIONER (C&R) EMPLOYEES PROVIDENT FUND ORGANISATION SUB REGIONAL OFFICE, P.B.NO.117, V.K.COMPLEX FORT ROAD, KANNUR-670 001.

2.

EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL SCOPE MINAR, CORE II, 4TH FLOOR, LAXMI NAGAR DISTRICT CENTRE, LAXMI NAGAR NEW DELHI-110 092 3.

STATE BANK OF TRAVANCORE KANNUR CIVIL STATION BRANCH CALTEX JUNCTION, MUNICIPAL SHOPPING COMPLEX KANNUR-670 002.

R3 BY SRI.P.RAMAKRISHNAN, STANDING COUNSEL R1-R2 BY DR.ABRAHAM P.MEACHINKARA, SC, EPF ORG. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 31328/2015 ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 TRUE COPY OF THE ORDER DATED 10.11.2014 PASSED BY THE FIRST RESPONDENT UNDER SECTION 7A OF THE EPF AND MP ACT EXHIBIT P2 TRUE COPY OF THE ORDER DATED 21.8.2015 PASSED BY THE FIRST RESPONDENT UNDER SECTION 14B OF THE EPF AND MP ACT. EXHIBIT P3 TRUE COPY OF APPEAL MEMORANDUM DATED 5.10.2015 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P4-TRUE COPY OF THE ORDER DATED 17.09.2015 PASSED BY THE FIRST RESPONDENT UNDER SECTION 8F OF THE EPF AND MP ACT. EXHIBIT P5-TRUE COPY OF THE LETTER DATED 19.9.2015 SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL TRUE COPY SKS P.A TO JUDGE

V.CHITAMBARESH, J.

-------------------------------------- W.P(C)NO. 31328 OF 2015 --------------------------------------- Dated this the 14th day of October, 2015

JUDGMENT

Ext.P2 order levying damages is impugned in Ext.P3 appeal. The appeal was addressed to the Appellate Tribunal at New Delhi. The same has also been numbered as ATA No. 1176 of 2015. It is reported that a sitting of the Appellate Tribunal at Bangalore is to commence shortly. 2.

It is only proper that coercive steps pursuant to Ext.P2 order are put on hold in the meanwhile. Ext.P2 order followed by Ext.P4 letter shall not be enforced for the present. Further coercive action will be dependent on the interim orders in the appeal already preferred. The writ petition is disposed of as above.

V.CHITAMBARESH, JUDGE sks