IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 WP(C).No. 11040 of 2008(L) -------------------------- PETITIONER: ------------ MANAGER, MALJAUL AITHAM ORPHANAGE U.P.SCHOOL, ELAYUR, P.O.IRIVETTY, (VIA) AREACODE, MALAPPURAM DISTRICT-673 639. BY ADV. SRI.K.P.DANDAPANI (SR.) SRI.MILLU DANDAPANI RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM. 4. THE REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES' PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, P.B.NO.1806, BHAVISHYANIDHI BHAVAN, ERANHIPALAM, KOZHIKODE. BY SHRI.THOMAS MATHEW NELLIMOOTTIL, SC GOVT. PLEADER SHRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.11040 of 2008 ================== Dated this the 2nd day of July, 2008 J U D G M E N T The petitioner approached this Court challenging Ext.P14 order passed by the Assistant Commissioner of Provident Funds, Kozhikode, as also Ext.P15 recovery notice under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, demanding contributions under the Act in respect of the employees, who, according to the petitioner, are not eligible to be covered under the Act. Initially I had granted a stay subject to the petitioner filing an appeal against Ext.P14 order. Now the petitioner has produced Ext.P16 appeal filed along with Ext.P16 (a) stay petition for interim orders filed before the Employees' Provident Funds Appellate Tribunal, New Delhi. In view of the filing of the appeal, I feel that the petitioner should be given an opportunity to move the Tribunal for stay of recovery pursuant to Exts.P14 and P15. Accordingly, this writ petition is disposed of as follows: The Employees' Provident Fund Appellate Tribunal, New Delhi, shall consider and pass orders on the interim w.p.c.11040/08 2 application/prayers filed by the petitioner as expeditiously as possible. Till orders are passed on the interim application/interim prayers of the petitioner in Exts.P16 and 16(a), further proceedings pursuant to Exts.P14 and P15 for recovery of the disputed amount shall be kept in abeyance. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge