IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 6TH MARCH 2008 / 16TH PHALGUNA 1929 WP(C).No. 7617 of 2008(F) ------------------------- PETITIONER: 1 ------------- KRISHNAN NAIR & SONS JEWELLERS PADMAVILASOM ROAD, EAST FORT, THIRUVANANTHAPURAM REPRESENTED BY ITS MANAGING PARTNER SURESH K.BABU BY ADV. SRI.P.RAMAKRISHNAN RESPONDENTS: ------------- 1. THE ASST.PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGAISATION BHAVISHYANIDHI, PATTOM, THIRUVANANTHAPURAM. 2. UCO BANK, OVER BRIDGE JUNCTION THIRUVANANTHAPURAM 695 001,REPRESENTED BY ITS SENIOR MANAGER. 3. THE PROVIDEINT FUND APPELLATE TRIBUNAL 9TH FLOOR, MAYOOR BHAVAN, NEAR SANKAR MANKERT CANNOUGHT PLACE, NEW DELHI 110 001. BY S.C. SMT.T.N.GIRIJA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.7617 of 2008 ================== Dated this the 6th day of March, 2008 J U D G M E N T The petitioner has filed Ext.P3 appeal before the Appellate Tribunal against Ext.P1 order passed by the 1st respondent under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act. The petitioner submits that the petitioner has already moved the Tribunal for interim orders as directed by this court in Ext.P4 judgment. However, the Tribunal is not functioning properly at present on account of a fire in the office building of the Tribunal. In the meanwhile the 1st respondent has initiated proceedings under Section 8F of the Act by issuing Ext.P6 order to the petitioner's bankers. The petitioner seeks stay of Ext.P6. 2. The learned Standing Counsel appearing for the Provident Fund Organization opposes the prayer. According to him, sufficient time has been granted to the petitioner for moving the Appellate Authority and the petitioner was not able to obtain an interim order in the matter and, that is why the 1st respondent w.p.c.7617/08 2 has again initiated proceedings under Section 8F of the Act. 3. When no fault can be attributed to the petitioner in the matter of moving the Tribunal for interim orders, I do not think that it is proper on the part of the 1st respondent to again initiate proceedings as per Ext.P6 pending passing of interim orders by the Tribunal. Therefore, this writ petition is disposed of with the following directions: The Tribunal shall pass orders on the interim prayers made by the petitioner in Ext.P3 appeal, as expeditiously as possible. Till orders are thus passed, further coercive proceedings pursuant to Ext.P1 order including Ext.P6 shall be kept in abeyance. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge