IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 WP(C).No. 35847 of 2008(P) -------------------------- PETITIONER): --------------- AHMMED KOYA PROPREITOR, M/S.NESSIA ENTERPRISES, MYNAGAPPALLY, KOLLAM. BY ADV. SRI.ANIL NARAYANAN SRI.S.D.ASOKAN RESPONDENTS: --------------- 1. EMPLOYEES PRIVIDENT FUND ORGANISATION, KERALA REGION, REP. BY THE REGIONAL PROVIDENT FUND COMMISSINER, BHAVISHYANIDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-4. 2. ASSISTANT PROVIDENT FUND COMMISSIONER EMPLOYEES PRIVIDENT FUND ORGANISATION, SUB REGIONAL OFFICE, OLD MUNICIPAL OFFICE BUILDING, CHINNAKKADA, KOLLAM. 3. EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, NEW DELHI, REP. BY ITS REGISTRAR. BY SMT. T.N GIRIJA, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 35847 of 2008 -------------------------- Dated this the 4th December, 2008 J U D G M E N T Aggrieved by Exhibit P1 order passed under Section 7A of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 and Exhibit P3 rejecting the review under Section 7B of the Act, petitioner has preferred an appeal before the Appellate Tribunal constituted under the Provident Fund Act, as per Exhibit P5. He is aggrieved that coercive proceedings have been taken against him and hence the writ petition. 2. Having heard the learned standing counsel for the Provident Fund Commissioner also, the writ petition is disposed of directing respondents 1 and 2 to keep in abeyance any proceedings for enforcement of the demand contained in Exhibit P1 for a period of one month from today. It is open to the petitioner to move the Appellate Tribunal for admission of the appeal and interim orders. In the meanwhile, enforcement of the demand W.P ( C) No. 35847 of 2008 2 subsequent to the period of one month shall be abide by the orders to be passed by the Appellate Tribunal. (V.GIRI,JUDGE) ma W.P ( C) No. 35847 of 2008 3 W.P ( C) No. 35847 of 2008 4