SATHYADHARA COMMUNICATIONS (P) LTD. Vs. THE ASST. PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION AND ORS.

JUDGEMENT

(1.) Heard Sri. V. Krishna Menon the learned counsel for the petitioner and Sri. Abraham P. Meachinkara the learned Standing Counsel.

(2.) The petitioner filed Ext.P8 appeal against orders No. KR/KKD/28147/APFC/Penal Damage/2018/3904 Dated 09.08.2018 and KR/KKD/28147/Enf.1(4)/7Q/APFC/2018/3905 Dated 09.08.2018. The petitioner has also moved an application for stay of the orders impugned in the appeal. The first and foremost objection of the petitioner is that the Tribunal did not take up the stay application filed by the petitioner and in the interregnum Exts.P9 and P10 are issued for recovering the amount demanded under Section 14 (B) and Section 7Q of the Employees Provident Fund Act, 1952. Hence the writ petition.

(3.) The learned counsel appearing for the petitioner fairly states that as regards Ext.P10, though a challenge against the levy of amount under Section 7Q is also raised in the appeal, the maintainability of appeal against such determination is no more res integra. Therefore, he prays for installments to pay the amount determined under Section 7Q. As regards the amount determined under Section 14 (B), he prays for granting interim stay of realisation of the amount demanded under Section 14 (B) till the stay petition is considered and disposed of. The prayer now made by the petitioner, firstly, is reasonable and secondly keeping in view the swiftness with which the respondents are moving and trying to recover both the amounts, thereby the effectiveness in the appeal could also be lost. With a view to protect the interest of both the parties the following order is made: