KANAYANNUR CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD Vs. REGIONAL PROVIDENT FUND COMMISSIONER -II

JUDGEMENT

(1.) The petitioner herein is a Co-operative society registered under the Kerala Co-operative Societies Act, 1969. By Ext.P1 order, an assessment order was passed by the 1st respondent under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act ('EPF Act', for short). According to the petitioner, the society is exempted from the provisions of the EPF Act in view of the provisions of the Co- operative Societies Act and the Rules framed thereunder. Raising various contentions, Ext.P1 order was challenged before the Appellate Tribunal under Section 7(I) of the EPF Act. Application for stay was also filed by the petitioner as is evidenced from Ext.P3. According to the petitioner, due to unforeseen circumstances including the illness of the Secretary, they were unable to appear before the Tribunal when the matter had come up for hearing. The Tribunal proceeded to dismiss the appeal for default. Seeking restoration of the appeal, Ext.P6 application was filed under Rule 15(2) of the Employees' Provident Fund Appellate Tribunal (Procedure) Rules, 1997. The grievance of the petitioner is that despite the pendency of the application for restoration, coercive proceedings have been initiated. The limited prayer of the petitioner is to keep the coercive proceedings in abeyance till Ext.P6 is taken up and disposed of.

(2.) Heard Sri. M. Paul Varghese, the learned counsel appearing for the petitioner and Sri.S Prasanth, the learned Standing Counsel appearing for the respondents.

(3.) I have considered the submissions advanced and have perused the records. I find that it would not be just and proper to continue with the coercive proceedings when Ext.P6 application is pending before the Tribunal. In the facts and circumstances, I dispose of the Writ Petition directing the Appellate Tribunal to take up Ext.P6 and pass appropriate orders on its merits, as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of a copy of this judgment. Until orders are passed as aforesaid, the coercive proceedings pursuant to Ext.P8 shall be kept in abeyance.