IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 WP(C).No. 32007 of 2008(I) -------------------------- PETITIONER(S): --------------- M/S T.D.B. CENTRAL SCHOOL, CHAKKUVALLY SOORANADU KOLLAM DISTRICT, REPRESENTED BY ITS PRINCIPAL, MRS. BEENA GANGA. BY ADV. SRI.C.M.STEPHEN RESPONDENT(S): --------------- 1. THE REGIONAL COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB-RETIONAL OFFICE, OLD MUNICIPAL OFFICE BUILDINGS CHINNAKADA KOLLAM. 2. THE ASSISTANT COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB-RETIONAL OFFICE, OLD MUNICIPAL OFFICE BUILDINGS CHINNAKADA KOLLAM. 3. THE KOLLAM DISTRICT, CO-OPERATIVE BANK LTD., CHAKKUVALLY BRANCH, CHAKKUVALLY, REPRESENTED BYITS SENIOR MANAGER. 4. EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL SECOND FLOOR,EPF HEAD OFFICE BUILDING 14, BHICAJI CAMA PLACE, HUDDCO VISHALA BUILDING NEW DELHI 110 066. BY GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).32007/2008 -------------------- Dated this the 3rd day of November, 2008 JUDGMENT Aggrieved by Ext.P5 order passed by the second respondent, petitioner has preferred an appeal as Ext.P6 before the Appellate Tribunal and the same is pending consideration. In the meanwhile, an order under the EPF & MP Act has been passed as Ext.P9 which, the petitioner complains, was without notice to him. 2. In my view, if the petitioner has already approached the appellate Tribunal with an appeal, it is upto him to prosecute the same before the appellate Tribunal. 3. In the result, writ petition is disposed of directing the fourth respondent to consider and pass orders on Ext.P6 in the matter of admission of appeal and interim orders, within a period of three months from the date of receipt of a copy of this judgment. W.P.(C).32007/2008 2 Ext.P9 and further proceedings pursuant to the same shall stand stayed till the disposal of Ext.P6 appeal, provided the petitioner pays an amount of Rs.2,00,000/- within one month from today before the second respondent. V.GIRI, Judge mrcs