WP(C) NO. 14503 OF 2025 : 1 : 2025:KER:30212 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 14503 OF 2025 PETITIONER: M/S. KERALA ELECTRICAL AND ALLIED ENGINEERING COMPANY LTD MAMALA ERNAKULAM DIST, REPRESENTED BY ITS GENERAL MANAGER MRS. MINI N.R- 682305 BY ADVS. ABEL TOM BENNY D.PREM KAMATH TOM THOMAS (KAKKUZHIYIL) AARON ZACHARIAS BENNY CLINT JUDE LEWIS ALAN J YOGYAVEEDU MATHEW ANGELO DAVIS JYOTHIKA KRISHNA RESPONDENTS: 1 THE REGIONAL PROVIDENT FUND COMMISSIONER II, EMPLOYEES PROVIDENT FUND ORGANISATION, REGIONAL OFFICE, KALOOR, COCHIN - 682017 2 CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT HOUSING BOARD COMPLEX, PANAMPALLY NAGAR, ERNAKULAM, REPRESENTED BY THE PRESIDING OFFICER- 682036 R BY PRASANTH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 14503 OF 2025 : 2 : 2025:KER:30212 JUDGMENT The petitioner is a State Government undertaking covered under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (for short 'the Act'). Ext.P1 is the order issued by the 1st respondent imposing damages on the petitioner under Section 14B of the Act. Challenging Ext.P1, the petitioner has preferred Ext.P2 appeal (Appeal No.19/2025) before the 2nd respondent under Section 7I of the Act, accompanied by a stay petition. However, the appeal has not so far been taken up for consideration, as there is no Presiding Officer for the Tribunal. It is submitted that, in the meantime, recovery proceedings are being initiated by the 1st respondent. WP(C) NO. 14503 OF 2025 : 3 : 2025:KER:30212 2. Heard the learned counsel for the petitioner and Sri.S.Prasanth, learned Standing Counsel for the 1st respondent. 3. Since it is submitted that no Presiding Officer has been appointed for the 2nd respondent Tribunal and the appeal as well as the stay petition is not taken up for consideration, there will be a stay of operation of Ext.P1 till the Tribunal becomes functional and the stay petition accompanying Ext.P2 appeal is heard and disposed of. The writ petition is disposed of accordingly. Sd/- MURALI PURUSHOTHAMAN JUDGE SB WP(C) NO. 14503 OF 2025 : 4 : 2025:KER:30212 APPENDIX PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER DATED 17.02.2025 NO. KR/KCH/2700/ PENAL.DAMAGES/ PROCEEDINGS/ 2024-25/1411 ISSUED BY THE 1ST RESPONDENT Exhibit P2 TRUE COPY OF THE MEMORANDUM OF APPEAL NO.19/2025 AND STAY PETITION, WITHOUT ANNEXURES FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 03.04.2025