IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 WP(C).No. 6301 of 2008(A) ------------------------- PETITIONER: ------------ MANGALAM PUBLICATIONS (INDIA) PVT.LTD MANGALAM COMPLEX, P.B.NO.3, S.H.MOUNT PO, KOTTAYAM, REP.BY ITS MANAGING DIRECTOR BY ADV. SRI.U.K.RAMAKRISHNAN SRI.P.V.LOHITHAKSHAN SRI.V.KRISHNA MENON SRI.DEVIDAS.U.K RESPONDENTS: ------------- 1. THE REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, KOTTAYAM. 2. THE ASST.PROVIDENT FUND COMMISSIONER & RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, KOTTAYAM. 3. EMPLOYEES PROVIDENT FUNDS APPELLATE TRIBUNAL, NEW DELHI. BY ADV. SRI.JOY THATTIL ITTOOP, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ======================= W.P.(C) No. 6301 of 2008 (A) ======================= Dated this the 22nd day of February, 2008 JUDGMENT Petitioner was earlier assessed to contributions under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, which culminated in Ext.P1 order against which an appeal was preferred before the Tribunal, in which there was an interim order waiving the condition of pre-deposit of disputed amounts, if the petitioner pays 40% of the amounts covered by ExtP1. Now another order has been passed under Section 7A namely Ext.P3, against which also the petitioner has filed Ext.P4 appeal along with Ext.P5 application for waiver of pre-deposit under the proviso to Section 7O of the Act. Petitioner submits that while the appeal and the application for waiver are pending, the respondents have initiated proceedings under Section 8F of the Act for coercive recovery of the amounts covered by Ext.P3. Petitioner seeks stay of Ext.P6. 2. I have heard the learned standing counsel appearing for the provident fund organization also. He opposes the prayer. W.P.(C) No. 6301/2008/A -2- 3. I have considered the contentions of both sides. Admittedly, the Tribunal is not functioning properly nowadays because of a fire which occurred in the office of the Tribunal. Therefore, the petitioner is not in a position to approach the Tribunal for any orders on Ext.P5 application for waiver. I am of the opinion that a party should not suffer because of the inability of the Tribunal to pass orders on interim applications in appeals filed before the Tribunal. In the above circumstances, this writ petition is disposed of with the following directions: The Tribunal shall consider and dispose of Ext.P4 appeal as expeditiously as possible. The condition of pre-deposit of assessed amount disputed in Ext.P4 appeal would stand waived on condition that the petitioner pays 40% of the amounts demanded as per Ext.P3. That would also operate as stay of Ext.P6 and all proceedings of recovery of the balance amount covered by Ext.P3 by the 2nd respondent. The payment shall be made within one month from today. S.SIRI JAGAN, JUDGE jp