IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 WP(C).No. 29596 of 2008(W) -------------------------- PETITIONER: ------------------ K.K. MATHAI, CHAIRMAN, NATIONAL CENTRAL SCHOOL, EZHAMKULAM, PARAKODE.P.O, ADOOR. BY ADV. SRI.GOPAKUMAR R.THALIYAL RESPONDENTS: ---------------------- 1. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, TRIVANDRUM. 2. THE EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, NEW DELHI. BY SMT. T.N. GIRIJA, SC-EPF THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.29596 of 2008 -------------------------- Dated this the 7th October, 2008 J U D G M E N T Aggrieved by Exhibit P5 order passed under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, petitioner has preferred Exhibit P6 appeal before the Appellate Tribunal along with Exhibit P7 application for stay. He is aggrieved by the recovery pursuant to Exhibit P5. 2. The appellate Tribunal is bound to pass orders in the matter of admission of appeal and also pass orders on the application for stay. In the circumstances, the writ petition is disposed of directing the respondents to keep in abeyance the proceedings for recovery as per Exhibit P5 for a period of two months from today. In the meanwhile, petitioner shall approach the Tribunal for orders in the matter of admission of the appeal and other interim orders as are permissible. (V.GIRI,JUDGE) ma 2 3