IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 WP(C).No. 2778 of 2009(E) ------------------------- PETITIONER(S): --------------- B. PEETHAMBARAN, PROPRIETOR, BHARAT EMPLOYMENT, MASS TOWER, CHIRAYINKEEZHU ROAD, ATTINGAL. BY ADV. SRI.ANIL NARAYANAN SRI.S.D.ASOKAN RESPONDENT(S): --------------- 1. THE REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, PATTOM PALACE.P.O, THIRUVANANTHAPURAM - 4. 2. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, PATTOM PALACE.P.O, THIRUVANANTHAPURAM -4. 3. FEDERAL BANK, REPRESENTED BY THE BRANCH MANAGER, ATTINGAL BRANCH, ATTINGAL. 4. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF LABOUR AND EMPLOYMENT, GOVERNMENT OF INDIA, NEW DELHI. SC SRI. T.N. GIRIJA ASG SRI. P. PARAMESWARAN NAIR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2009, THE OCURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No.2778 OF 2009 ------------------------ Dated this the 27th day of January, 2009. JUDGMENT Aggrieved by Ext.P1 order passed by the 2nd respondent exercising his power under Section 7A of the Employees Provident Fund and Miscellaneous Provisions Act, 1952, invoking Section 7B of the said Act, petitioner has filed Ext.P2 application seeking review of Ext.P1. It is stated that the review petition is still pending consideration of the 2nd respondent and that while so Ext.P3 order has been issued under Section 8F of the Act, to the 3rd respondent preventing further transactions in the account and calling upon the Bank to make payment of the available amount. It is in these circumstances the writ petition is filed. 2. From the facts it is clear that, Ext.P2 application for review of Ext.P1 made under Section 7B of the Act is WP(c).No.2778/09 2 pending consideration of the 2nd respondent and it is at this stage Ext.P3 order under Section 8F has been issued. In my view, so long as Ext.P2 is pending, recovery steps now issued is premature. 3. Accordingly, the writ petition is disposed of directing the second respondent to consider and pass orders on Ext.P2 as expeditiously as possible and at any rate within 6 weeks from the date of production of a copy of the judgment. In the meanwhile, all further proceedings pursuant to Ext.P3 will stand deferred and the petitioner will be permitted to operate the account that he has with the Bank. Petitioner shall produce a copy of the judgment before the respondents 2 and 3 for compliance. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.2778/09 3