IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 WP(C).No. 4180 of 2009(V) ------------------------- PETITIONER(S): --------------- KERALA STATE EX-SERVICEMEN DEVELOPMENT ORGANISATION, MANGALAM LANE, SASTHAMANGALAM, THIRUVANANTHAPURAM, REPRESENTED BY ITS DIRECTOR. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENT(S): --------------- 1. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EPF ORGANIZATION, REGIONAL OFFICE, PATTOM, THIRUVANANTHAPURAM. 2. THE EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, SCOPE MINOR, LANE II, 4TH FLOOR, LAXMI NAGAR DISTRICT CENTRE, LAXMI NAGAR, DELHI-110092. SC SRI. T.N. GIRIJA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No. 4180 OF 2009 ------------------------ Dated this the 9th day of February, 2009. JUDGMENT Ext.P1 is an order passed by the first respondent exercising his powers under Section 7A of the Employees Provident Fund and Miscellaneous Provisions Act. On receipt of Ext.P1 petitioner filed Ext.P2 appeal before the 2nd respondent with an application to waive the pre- deposit of 75% of the determined amount. The appeal has not been considered and orders on the application for waiver also has not been passed. In the meanwhile the first respondent has initiated recovery proceedings as per Ext.P3 proceedings issued under Section 8F of the Act. It is there upon the writ petition has been filed. 2. I heard the Standing counsel also. Having regard to the fact that the appeal with an application for waiver is pending with the 2nd respondent, atleast before orders are WP(c).No.4180/09 /2/ passed on the application for waiver, the first respondent ought not have issued Ext.P3 order under Section 8F of the Act. 3. Having regard to the pendency of the appeal and application referred to above, the writ petition is disposed of with the following directions. The 2nd respondent shall consider the petitioner's application for waiver filed along with Ext.P2 appeal, as expeditiously as possible and at any rate within 8 weeks from the date of receipt of a copy of the judgment. In the meanwhile I direct that further proceedings pursuant to Ext.P3 will be kept in abeyance. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.4180/09 /2/