IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 WP(C).No. 6990 of 2008(F) ------------------------- PETITIONER: --------------- B.MOHANACHANDRAN NAIR ,PROPRIETOR M/S.PRASANTHI CASHEW COMPANY NO.21 PRASANTHI NAGAR, MANGAD P.O. KOLLAM DIST. BY ADV. SRI.ANIL NARAYANAN SMT.A.K.PREETHA RESPONDENTS: ------------------- 1. EMPLOYEES PROVIDENT FUND ORGANISATION REGIONAL OFFICE,BHAVISHYA NIDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695 004 REPRESENTED BY THE REGIONAL PROVIDENT FUND COMMISSIONER. 2. THE ASSISTANT PROVIDENT FUND COMMISSIONE EMPLOYEES PROVIDENT FUND ORGANISATION REGIONAL OFFICE,BHAVISHYA NIDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695 004 BY ADV. SRI.N.N.SUGUNAPALAN(SR.),SC EPF SMT.T.N.GIRIJA, SC,EPF ORGANISATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.6990 OF 2008 ---------------------------------------- Dated this the 1st day of April, 2008 JUDGMENT The petitioner is an establishment covered under the provisions of Employees Provident Funds and Miscellaneous Provisions Act. They opened a new unit at Bharathanoor as separate establishment. The 2nd respondent passed orders clubbing the new establishment with the petitioner's other establishment and passed orders under Section 7A. Against the same, the petitioner has filed a review petition under Section 7B of the Act, in which they raised a specific contention that they were not served with a copy of the order of the Enforcement Officer, which was relied upon by the 2nd respondent in the 7A order. However, the 2nd respondent rejected the 7B application also. The petitioner has now filed Ext.P9 appeal before the Employees Provident Fund Appellate Tribunal. The petitioner now seeks stay of recovery of the amounts due under the impugned orders till disposal of the appeal. 2. I have heard the learned standing counsel appearing W.P.(c)No.6990/08 2 for the Provident Fund Organisation also. Now that the petitioner has moved the Tribunal by filing Ext.P9 appeal and moved for interim orders also, it is only appropriate that further coercive proceedings pursuant to the impugned orders are stayed, until the Tribunal passes orders on the interim prayers made by the petitioner. Accordingly,the writ petition is disposed of as follows. The Employees Provident Fund Appellate Tribunal, New Delhi shall pass orders on Ext.P8 appeal filed by the petitioner as expeditiously as possible. Till orders are so passed, further proceedings pursuant to the impugned orders in this writ petition shall be kept in abeyance. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.6990/08 3