IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 25TH FEBRUARY 2009 / 6TH PHALGUNA 1930 WP(C).No. 6102 of 2009(G) ---------------------------------- PETITIONER : ---------------- MOHAMMED BASHEER, PROPRIETOR, M/S.ALUVILA CASHEW COMPANY, PEROOR, THAHAMUKKU, KOLLAM. BY ADV. MR.ANIL NARAYANAN MR.S.D.ASOKAN RESPONDENTS : ------------------- 1. THE EMPLOYEES PROVIDENT FUND ORGANISATION, KERALA REGION, REPRESENTED BY THE REGIONAL PROVIDENT FUND COMMISSIONER, BHAVISHYANIDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM - 4. 2. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, SUB REGIONAL OFFICE, OLD MUNCIPAL OFFICE BUILDING, CHINNAKKADA, KOLLAM. ADV.SMT.T.N.GIRIJA, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ----------------------------- W.P.(C) No.6102 of 2009 -------------------------------------- Dated this the 25th day of February, 2009 JUDGMENT Exhibit P1 is the order passed by the second respondent exercising his power under Section 7A of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952. On receipt of Exhibit P1, the petitioner filed Exhibit P2 application before the second respondent seeking review of the order invoking his power under Section 7B of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952. The application under Section 7B has been rejected by Exhibit P3 dated 10/02/2009. At this stage this writ petition has been filed by the petitioner stating that although he has a right of appeal, he intends to invoke the same. In the meanwhile, the respondents are likely to be contemplated coercive action as referred above in terms of Exhibits P1 and P3. As already noticed, on the rejection of review petition by Exhibit P3, the petitioner has the right to file an appeal and he is entitled to pursue that remedy. At this stage any coercive action W.P.(C) No.6102 /2009 2 is premature, since the appeal period has not expired so far. Therefore, I direct that there will be a stay on Exhibits P1 and P3 for a period of four weeks from today. In the meanwhile, it will be open to the writ petitioner to pursue the statutory remedy of appeal that is available and obtain appropriate interim orders. Writ petitioner is disposed of as above. ANTONY DOMINIC, JUDGE scm