IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 WP(C).No. 15169 of 2008(E) ----------------------------------------- PETITIONER: ---------------------- THE ADMINISTRATOR, ARALAM FARM, ARALAM P.O., PERAVOOR, KANNUR DISTRICT. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.ANIL D. NAIR RESPONDENTS: ------------------------- 1. ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND SUB REGIONAL OFFICE, KANNUR. 2. EMPLOYEES' PROVIDENT FUND APPELLATE TRIBUNAL, 9TH FLOOR, MAYUR BHAVAN, CONNAUGHT PLACE, NEAR SUPER MARKET, OPP.SHANKER MARKET, NEW DELHI-110 001. 3. THE BRANCH MANAGER, STATE BANK OF TRAVANCORE, IRITTY BRANCH, KANNUR DISTRICT-670 703. BY ADV. SRI.M.PATHROSE MATTHAI (SR.) - R.3 SRI.SAJI VARGHESE - R.3 SRI.R.SUDHIR, SC, P.F.-R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.15169 of 2008 ================================== Dated this the 11th day of June, 2008. JUDGMENT Petitioner, a State Government owned farm, faces an order under the EPF and MP Act, 1952 imposing damages. It filed an appeal before the second respondent and an application for stay of all further proceedings pursuant to Ext.P1 order. But it did not get any order of stay. It is stated that it happened only because the Appellate Tribunal was not sitting. Whatever that be, the EPF authorities proceeded with distress action and moneys of the petitioner in the hands of third respondent bank have been attached and taken over. Petitioner challenges such action and seeks a direction for return of such money. 2. Having heard the learned counsel for the petitioner and the learned standing counsel for the WPC15169/2008 -:2:- first respondent, I do not deem it appropriate to issue any direction to refund the recovered amount, as of now. However, the following directions are issued: (1) The Appellate Tribunal will decide the appeal untrammelled by anything stated in this judgment. (2) If the petitioner is given any relief in the appeal, the amount in deposit will be appropriately dealt with by way of adjustment. (3) The appeal shall be decided within a period of six months from the date of receipt of a copy of this judgment. Thottathil B.Radhakrishnan, Judge. sl.