IN THE HIGH COURT OF KERALA AT ERNAKULAM
Gopinath P., J
PONNANI URBAN CO-OPERATIVE BANK LTD. – Appellant
Versus
THE ASSISTANT PROVIDENT FUND COMMISSIONER – Respondent
WP(C) NO. 12502 OF 2026
J U D G M E N T Dated this the 30th day of March, 2026 The petitioner has approached this Court being aggrieved by the fact that recovery proceedings have been initiated for recovery of amounts assessed as damages under Section 14B of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 , at a time when an appeal is pending against the order imposing damages for the period from 01.12.2017 to 31.03.2022.
2. It is the submission of the learned counsel appearing for the petitioner that the appeal is posted for consideration before the Central Government Industrial Tribunal (Camp sitting) on 13.04.2022.
3. Heard the learned counsel appearing for the Provident Fund Organization also.
4. Having heard the learned counsel for the petitioner and the learned counsel appearing for the Provident Fund Organization, and considering the fact that an appeal is pending against the order imposing damages for the period from 01.12.2017 to 31.03.2022 and since the appeal along with an application for stay is listed for consideration on 13.04.2026, I am of the opinion that this writ petition can be disposed of directing that the recovery proceedings initiated against the petitioner, including any prohibitory order issued in respect of any bank account of the petitioner, can be kept in abeyance till the stay petition filed in the appeal filed by the petitioner as Appeal No.109 of 2022 on the file of the Central Government Industrial Tribunal, Ernakulam, is taken up and disposed of.
I make it clear that I have not expressed any opinion on the merits of the matter, and it will be open to the Tribunal to consider the stay application in accordance with law after affording an opportunity of hearing to both sides.
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