IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 WP(C).No. 18344 of 2009(K) ----------------------------------- PETITIONER: --------------- M.ABDUL RASHEED,S/O.MASTHAN KUNJU, PROPRIETOR,SHAMEEMA CASHEW AGENCIES, KALLUMTHAZHAM.PO,KOLLAM. BY ADV. MR.ANIL NARAYANAN RESPONDENTS: ------------------ 1. ASST.PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, SUB REGIONAL OFFICE,OLD MUNICIPAL OFFICE BUILDING,CHINNAKKADA, KOLLAM. 2. EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL,NEW DELHI,REPRESENTED BY ITS REGISTRAR. ADV. MR. V.V. SURESH – SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).18344/2009 -------------------- Dated this the 1st day of July, 2009 JUDGMENT Petitioner was assessed under Section 7A of the Employees Provident Fund and Miscellaneous Provisions Act, 1952, as evidenced by Ext.P1. Petitioner sought for a review of the said order and Ext.P2 application filed in this behalf was also rejected under Ext.P3. Petitioner thereafter, moved the appellate Tribunal as evidenced by Ext.P4, and an application for interim order has also been filed. Orders on admission and interim relief are yet to be passed by the Tribunal. In the meanwhile, Ext.P5 recovery notice has been issued and hence the writ petition. 2. I heard learned Standing Counsel for the respondents also. It is upto the petitioner to move the appellate Tribunal for admission and interim relief. To enable him to do so, respondents shall keep in abeyance enforcement of Ext.P5 for a period of 45 days from W.P.(C).18344/2009 2 today. Parties shall abide by the orders to be passed by the Tribunal. Writ petition is disposed of as above. V.GIRI, Judge mrcs