High CourtsSingle Bench(2013) 02 KL CK 0073

Sacred Heart Mission Hospital vs The Assistant Provident Fund Commissioner and The South Indian Bank

High Court Of Kerala · Decided on 1 February 2013

HON’BLE JUDGES
V. Chitambaresh, J
CASE NUMBER
W.P. (C) No. 3097 of 2013 (J)

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Judgment

4 paragraphs · 226 words

V. Chitambaresh, J.—The petitioner has filed Ext. P2 appeal and interlocutory applications u/s 7-I of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (''the Act'' for short). The same has been preferred against Ext. P1 proceedings assessing contribution u/s 7A of the Act. The petitioner seeks stay of coercive proceedings initiated for recovery pending consideration of the appeal by the Employees'' Provident Funds Appellate Tribunal. The Employees'' Provident Funds Appellate Tribunal is yet to consider the interlocutory application put in by the petitioner for waiver of pre-deposit u/s 7-O of the Act. I therefore direct the Tribunal to dispose of the interlocutory application filed for waiver of pre-deposit after hearing the petitioner and the respondents.

2.

Recovery proceedings initiated in the meanwhile shall be put on hold on condition that the petitioner pays a sum of Rs. 2 lakhs towards the contribution assessed under Ext. P1 order. The sum so deposited will of course be given credit to in deciding compliance of the order to be passed in terms of Section 7O of the Act.

3.

The petitioner shall pay the sum of Rs. 2 lakhs within a period of one month. The Tribunal shall dispose of the application for waiver of pre-deposit within a period of two months. No further directions are warranted in this case.

The Writ Petition is disposed of as above.