IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 15TH JULY 2009 / 24TH ASHADHA 1931 WP(C).No. 19841 of 2009(A) -------------------------- PETITIONERS: --------------- 1. M/S.TASTY NUT INDUSTRIES, K.P.ROAD, KILIKOLLUR, KOLLAM, REPRESENTED BY THE MANAGING PARTNER SRI.S.MOHAMMED NOUFAL. 2. M/S.ROYAL FOOD EXPORTERS, REPRESENTED BY THE PROPRIETOR S.MOHAMMED NOUFAL PATTATHIL VEEDU, AYATHIL P.O., KOLLAM. BY ADV. SRI.T.M.CHANDRAN SRI.V.A.SASIDHARAN SRI.JOSEPH ALBIN NEDUNTHALLY RESPONDENTS: --------------- 1. THE EMPLOYEES PLROVIDENT FUNDS APPELLATE TRIBUNAL, NEW DELHI. 2. THE REGIONAL PROVIDENT FUND COMMISSIONER II, E.P.F.ORGANIZATION SUB REGIONAL OFFICE, KOLLAM. STANDING COUNSEL SRI.V.V.SURESH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 19841 of 2009 -------------------------- Dated this the 15th July,2009 J U D G M E N T Petitioners are establishments covered by the Employees Provident Funds and Miscellaneous Provisions Act. Ext.P1 notice was issued to the petitioners proposing an enquiry under Section 7A of the Act. Apparently, petitioners preferred an appeal against Ext.P1 as evidenced by Ext.P3. The Appellate Tribunal has not entertained the appeal so far. But when notice of enquiry was received, Ext.P5 application for adjournment was preferred by the counsel citing the fact that an appeal has been preferred against the notice of enquiry before the Tribunal. The Tribunal did not give time to the petitioners and proceeded to pass an order under Section 7A of the Act, as evidenced by Ext.P6. Ext.P6 is challenged in this writ petition. 2. I am not inclined to consider the contentions of petitioners regarding Ext.P6 on merits. Since Ext.P6 is W.P ( C) No. 19841 of 2009 2 appealable before the Appellate Tribunal, it is open to the petitioners to prefer an appeal against Ext.P6 and move for appropriate interim relief. To enable the petitioners to do so, enforcement of Ext.P6 shall be kept in abeyance for a period of two months from today. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No. 19841 of 2009 3 W.P ( C) No. 19841 of 2009 4