IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 WP(C).No. 5584 of 2008(M) ------------------------- PETITIONER: ------------ NATIONAL TRANSPORTATION PLANNING AND RESEARCH CENTRE, REPRESENTED BY ITS REGISTRAR, PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.R.KRISHNA RAJ RESPONDENTS: ------------- 1. EMPLOYEES PROVIDENT FUND ORGANISATION REGIONAL OFFICE, REPRESENTED BY ITS ASSISTANT PROVIDENT FUND COMMISSIONER, THIRUVANANTHAPURAM. 2. STATE BANK OF TRAVANCORE, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGER. BY SMT. T.N. GIRIJA -SC SRI. SAJI VARGHESE -SC SBT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.5584 OF 2008 ---------------------------------------- Dated this the 15th day of February, 2008 JUDGMENT The petitioner is a Society registered under the Travancore Cochin Literary Scientific and Charitable Societies Act, the shares of which are owned by the State Government. The Society is functioning with the grant given by the State Government. Proceedings have been initiated by the 1st respondent under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act for assessment of contributions under the Act from the petitioner. It culminated in Ext.P1 order, whereby the petitioner was directed to remit an amount of Rs.96,388.50/- as contributions payable by the petitioner under the Act. 2. According to the petitioner, these contributions are in respect of employees employed by a Contractor engaged by the petitioner which employees have been registered under the Act by the Contractor himself and contributions are paid by the Contractor in respect of those employees. The petitioner therefore challenges Ext.P1 order. W.P.(c) No.5584/08 2 3. I have heard the learned standing counsel appearing for the 1st respondent also. I am of opinion that in so far as the petitioner themselves have filed Ext.P2 appeal before the Employees' Provident Fund Appellate Tribunal, it is not proper on my part to deal with merits of the case at this point of time. I am inclined to relegate the petitioner to the remedy which they have already availed of. 4. However, the learned counsel for the petitioner points out that the petitioner is unable to move the Tribunal for interim orders in the matter since the Tribunal is not properly functioning because of a fire, which has occurred in the building housing the Tribunal. 5. I am of opinion that a party should not be prejudiced because the Tribunal is unable to hear interim prayers of appellants before it. In the above circumstances the writ petition is disposed of with the following directions: The Employees' Provident Fund Appellate Tribunal is directed to pass appropriate orders on the interim prayers in Ext.P2 appeal filed by the petitioner, as expeditiously as possible. Till orders are passed on the interim prayers of the W.P.(c) No.5584/08 3 petitioner in Ext.P2, further coercive proceedings for recovery of the amounts demanded as per Ext.P1 shall be kept in abeyance. S. SIRI JAGAN, JUDGE Acd W.P.(c) No.5584/08 4