IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929 WP(C).No. 6027 of 2008(P) ------------------------- PETITIONER: ------------ THE MLAMALLAY TEA ESTATES LTD., REGISTERED OFFICE, KOTTAYAM-1, REPRESENTED BY ITS GENERAL MANAGER, EAPEN.P.JOSEPH. BY ADV. SRI.H.B.SHENOY SRI.B.ASHOK SHENOY SRI.THOMAS P.MAKIL SMT.LAKSHMI B.SHENOY SRI.ABU MATHEW SRI.SOBHAN GEORGE RESPONDENTS: ------------- 1. EMPLOYEES PROVIDENT FUNDS APPELLATE TRIBUNAL, 60 SKYLARK BUILDINGS, 7TH FLOOR, NEHRU PLACE, NEW DELHI 110019. 2. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, SUB REGIONAL OFFICE, CHALAKUZHY BUILDINGS, CMS COLLEGE ROAD, KOTTAYAM 686 001. BY ADV. SRI.JOY THATTIL ITOOP, SC, EPF ORGANISA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.6027 of 2008 ================== Dated this the 21st day of February, 2008 J U D G M E N T The petitioner is an establishment covered under the Employees' Provident Funds and Miscellaneous Provisions Act. They have been assessed to damages under Section 14B of the Act, by Ext.P3 order. Against the same, the petitioner has filed Ext.P4 appeal, in which the petitioner has also sought interim orders. However, the petitioner is unable to move the Tribunal for interim orders in view of the fact that the Tribunal is not functioning properly at present because of a fire which destroyed the Tribunal office. Therefore, the petitioner seeks stay of coercive recovery proceedings as evidenced by Ext.P5. 2. I have heard the learned Standing Counsel appearing for the Provident Fund Organization also. He stoutly opposes the prayer. 3. I am of opinion that a party should not be prejudiced because of the inability of the Tribunal to consider interim prayer of the party because of the internal problems in the office of the w.p.c.6027/08 2 Tribunal. I feel that the petitioner should pay a portion of the damages assessed subject to the result of the appeal, as a condition for stay. In the above circumstances, this writ petition is disposed of as follows: The Tribunal shall dispose of Ext.P4 appeal as expeditiously as possible. Till disposal of the appeal, further coercive proceedings for recovery of the amount covered by Ext.P3 including Ext.P5 shall stand stayed on condition that the petitioner pays one-third of the amount covered by Ext.P3 within a period of two weeks from today. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge