IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WP(C).No. 11184 of 2009(P) -------------------------- PETITIONER(S): --------------- MANGALAM PUBLICATIONS (INDIA) PVT.LTD., MANGALAM COMPLEX, P.B.NO.3, S.H.MOUNT P.O., KOTTAYAM, REPRESENTED BY ITS DIRECTOR. BY ADV. SRI.E.K.MADHAVAN SMT.P.VIJAYAMMA SRI.V.KRISHNA MENON SRI.P.J.ANILKUMAR SRI.U.K. DEVIDAS RESPONDENT(S): --------------- 1. THE REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, KOTTAYAM. 2. THE ASST. PROVIDENT FUND COMMISSIONER & RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, KOTTAYAM. BY SC SR. JOY THATTEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No. 11184 OF 2009 ------------------------ Dated this the 3rd day of April, 2009. JUDGMENT The grievance of the petitioner is mainly regarding Exts.P2 and P3, a demand notice and an order under Section 8F of the Employees Provident Fund and Miscellaneous Provisions Act. Petitioner is an establishment covered under the provisions of the Act. It would appear that by Ext.P1, the first respondent has passed an order under Section 7A of the Act, requiring the petitioner to remit the amount mentioned therein. This order is dated 2.3.2009 and the petitioner submits that this was served on them on 6.3.2009. Although, under the Act they have 60 days time for filing the appeal, Ext.P2 demand notice was issued on 31.3.2009 and on the same date, an order under Section 8F has also been issued. It is in these circumstances the writ petition is filed. WP(c).No.11184/09 /2/ In my view, this was too premature and a hasty action taken by the respondents. As rightly submitted by the petitioner as a consequence thereof they are effectively deprived of their appellate remedy, which they have already availed. Taking into account the above, in order to enable the petitioner to seek appropriate orders from the Appellate Tribunal, it is directed that further proceedings pursuant to Exts.P2 and P3 be kept in abeyance for a period of 2 months from today. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.11184/09 /2/