IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 WP(C).No. 4019 of 2009(C) --------------------------------- PETITIONER : -------------------------- R.MOHANAN, PRESIDENT, DR. AMBEDKAR MEMORIAL ALL KERALA SCHEDULED CASTE WELFARE SOCIETY NO. 1831/2000, MARKET ROAD, ATTINGAL, PIN 695 101, THIRUVANANTHAPURAM DIST. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN HARIHARAN RESPONDENTS : -------------------------- 1. ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM , PIN 695 004. 2. EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, NEW DELHI, PIN 110 066 3. M/S. SOUTH INDIA BANK LTD., OPPOSITE PRIVATE BUS STAND, MAIN ROAD, ATTINGAL, PIN 695 101. BY. SMT. T.N. GIRIJA, SC, EPF SRI. GEORGE VARGHESE, SC-R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ----------------------------- W.P.(C) No.4019 of 2009 -------------------------------------- Dated this the 6th day of February, 2009 JUDGMENT Heard both sides. 2. Exhibit P3 is the order passed by the first respondent exercising his powers under section 7A of the Employees' Provident Funds and miscellaneous Provisions Act, 1952 in respect of the establishment of the petitioner. By this order petitioner is directed to remit an amount of Rs.1914167.65/-. Aggrieved by the said order,the petitioner has filed Exhibit P4 appeal and Exhibit P5 application under Section 7-O of the Act for waiver of the condition for pre-deposit. Exhibit P4 appeal and Exhibit P5 application are pending. In the meanwhile, steps have been taken for release of the amount due under Exhibit P3 and therefore, this writ petition has been filed. 3. As already noticed aggrieved by Exhibit P3 order, appeal filed by the petitioner is pending along with an application for waiver of pre-deposit. Until exhibit P5 is concerned, I do not think that the first respondent should take steps for realisation of the amount due under Exhibit P3. W.P.(C) No.4019 /2009 2 Therefore, I direct the second respondent to consider and pass orders on Exhibit P5 with notice to the petitioner as expeditiously as possible, at any rate, within eight weeks of production of copy of this judgment. It is directed that until orders passed as above, further proceedings pursuant to Exhibit P3 shall be kept in abeyance. ANTONY DOMINIC, JUDGE scm