IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 WA.No. 1016 of 2009 ----------------------------------- AGAINST THE JUDGEMENT IN WPC.12019/2008 Dated 02/03/2009 .................... APPELLANT/PETITIONER ------------------------------------ THAPOVAN HERITAGE HOME PVT.LTD., NELLIKUNNU,MULLOOR P.O.,VIZHINJAM, TRIVANDRUM DISTRICT,REP.BY IT'S MANAGING DIRECTOR MR.SUNIL P.JAMES. BY ADV. SMT.K.LATHA RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. THE ASSISTANT PROVIDENT FUND COMMISSIONER,EMPLOYEES' PROVIDENT FUND ORGANISATION,(MINISTRY OF LABOUR, GOVERNMENT OF INDIA),REGIONAL OFFICE, KERALA,"BAHVISHYANIDHI BHAVAN", PATTOM,TRIVANDRUM. 2. THE EMPLOYEES PROVIDENT FUND TRIBUNAL, NEW DELHI-110001,(ADDITIONAL SECOND RESPONDENT) BY STANDING COUNSEL SRI.N.N.SUGUNAPALAN (SENIOR) & SMT.T.N.GIRIJA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A.No.1016 of 2009 ------------------------------------------ Dated, this the 21st day of May, 2009 JUDGMENT Kurian Joseph, J. The writ petitioner is the appellant. The appellant approached this Court at a time when recovery steps were initiated by the first respondent to recover the alleged dues. Among other serious contentions, it is submitted by the learned counsel for the appellant that a statutory appeal is pending before the Tribunal wherein a stay petition is also pending. It is also submitted that once the stay petition is considered in view of the peculiar facts and circumstances involved in the case, the appellate authority is likely to waive the pre-condition of deposit itself. This is stoutly opposed by the learned senior counsel appearing for the first respondent organization. Be that as it may. Now a statutory appeal is pending before the Tribunal and since it is for the appellate authority to consider the equities while considering the stay W.A. No.1016 of 2009 - 2 - petition, we feel that the appellate authority itself should be directed to pass orders on the stay petition without delay. 2. Therefore, we dispose of the writ appeal directing the appellate authority to pass orders on Ext.P6-B application for stay filed in Ext.P6 appeal within a period of three months from the date of receipt of a copy of this judgment. The appellant will make payment of Rupees four lakhs within two months from today. We make it clear that while considering the stay petition it will also be open to the appellate authority to dispose of the appeal itself if it is found acceptable. The judgment of the learned Single Judge will stand modified to the above extent. Subject to the payment as ordered above, need less to say, there shall be no coercive steps to recover the amount due from the appellant. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns