IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 WP(C).No. 26727 of 2008(F) -------------------------- PETITIONER: ------------ M/S. ALEXANDRIYA PLANTATION (P) LTD REGISTERED OFFICE AT PATTACHERY HOUSE MUDICAL P.O., PERUMBAVOOR,REPRESENTED BY ITS DIRECTOR PRINCE P.PATTACHERY BY ADV. SRI.PAULSON C.VARGHESE SRI.E.A.BIJUMON RESPONDENTS: ------------- 1. ASST. PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION SUB REGIONAL OFFICE, P.B.NO.1806 ERANHUPALAM, CALICUT 673 006 2. ENFORCEMENT OFFICER EMPLOYEES PROVIDENT FUND ORGANIZATION SUB REGIONAL OFFICE, P.B.NO.1806 ERANHUPALAM, CALICUT 673 006 BY SHRI.THOMAS MATHEW NELLIMOOTTIL, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.26727 of 2008 ================== Dated this the 3rd day of September, 2008 J U D G M E N T After arguing on merits for some time as to the validity of Ext.P2 order issued under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, which the petitioner alleges is a second order under Section 7A, the petitioner seeks permission to withdraw the writ petition without prejudice to the right of the petitioner file an appeal against Ext.P2 order before the Employees' Provident Funds Appellate Tribunal as provided under the Act. Permission is granted and the writ petition is dismissed as withdrawn with the above liberty. However, I direct that Ext.P2 shall not be enforced for a period of one month in order to enable the petitioner to file appeal and seek interim orders in the matter. I pass this order noting the fact that according to the petitioner after passing Ext.P1 order the petitioner has paid an amount of Rs.26,000/- out of Rs.33,200/- assessed as per Ext.P1. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2