IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 WP(C).No. 23809 of 2008(H) -------------------------- PETITIONER: --------------- M/S.GEORGE SONS & COMPANY, K.P.ROAD, ADOOR, PATHANAMTHITTA DISTRICT, REPRESENTED BY ITS MANAGING PARTNER MR.GEORGE BABY BY ADV. SRI.M.PATHROSE MATTHAI (SR.) SRI.SAJI VARGHESE SMT.MARIAM MATHAI RESPONDENTS: ---------------- 1. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, REGIONAL OFFICE, THIRUVANANTHAPURAM. 2. THE EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, BAVISHYA NIDHI BHAVAN, NEW DELHI 110066. 3. THE SOUTH INDIAN BANK LTD, ADOOR. BY SMT.T.N.GIRIJA, SC FOR PF SRI.GEORGE VARGHESE, SC FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 23809 OF 2008 H ==================== Dated this the 7th day of August, 2008 J U D G M E N T Ext.P1 is an order passed by the 1st respondent clubbing two establishments and holding the petitioner liable for coverage under the EPF Act and quantifying the dues. Petitioner submits that Ext.P1 order dated 24/6/08 was received by them on 28/6/2008. It is also stated that within the time provided for in the Act, they have despatched Ext.P4 appeal to the Tribunal with a prayer for an interim relief of stay of Ext.P1. According to the petitioner, they have despatched Ext.P4 on 31/7/2008. In the meanwhile, by Ext.P6 issued under Section 8F of the EPF Act on 30/7/2008 their bank account has been frozen and therefore this writ petition has been filed. 2. I heard the standing counsel who entered appearance on behalf of respondents 1 and 2. 3. Having regard to the sequence as noticed above, I am inclined to agree with the counsel for the petitioner that Ext.P6 was issued in a hurried manner and the respondents should have atleast waited for the expiry of the appeal period. This having not been done, I dispose of this WPC 23809/08 :2 : writ petition with the following directions. 1) That within three months from today, the 2nd respondent shall take up Ext.P4 appeal filed by the petitioner or the request of the petitioner for interim relief made in Ext.P4 and consider the same and pass orders thereon. 2) In the meanwhile, proceedings consequent on Ext.P6 will stand stayed. ANTONY DOMINIC, JUDGE Rp