Suspension of recovery proceedings aligns with appellate rights under statutory provisions.

JUDGMENT The petitioner is before this Court stating that despite the fact that an appeal is pending against Ext.P1 order imposing damages under Section 14B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 before the Appellate Authority, namely the Central Government Industrial Tribunal, Ernakulam, the authorities are proceeding to recover the amounts due under Ext.P1 order to the prejudice of the petitioner.

2. Heard learned Standing Counsel appearing for the Provident Fund Department also. The learned Standing Counsel appearing for the Provident Fund Department would submit that Ext.P1 order was issued on 05.03.2025 and no amount has been remitted by the petitioner towards damages calculated in terms of Ext.P1 order. It is submitted that if the petitioner were to remit atleast 50% of the amount demanded in terms of Ext.P1, the rest of the demand can be kept in abeyance till the appeal is decided by the Central Government Industrial Tribunal.

3. Having heard the learned counsel appearing for the petitioner and the learned counsel appearing for the Provident Fund Department, this writ petition will stand disposed of directing that till the stay petition filed by the petitioner in the appeal against Ext.P1 order is taken up and considered by the Central Government Industrial Tribunal, further recovery proceedings pursuant to Ext.P1 shall remain suspended. Since it is the submission of the learned counsel appearing for the Provident Fund Department that even if there is no regular sitting at the Central Government Industrial Tribunal, camp sitting is being held, there will be a further direction that the stay petition filed in the appeal against Ext.P1 order, shall be taken up and disposed of within a period of three months from the date of receipt of a certified copy of this judgment.

The writ petition is ordered accordingly.

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