IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 WP(C).No. 24014 of 2011(B) -------------------------- PETITIONER(S): --------------- M/S SHEEN GOLDEN JEWELS (INDIA) PVT LTD COLLEGE ROAD, PATHANAMTHITTA-689 645, REPRESENTED BY ITS ASSOCIATE DIRECTOR MR.NAISON E.J. BY ADV. SRI.E.K.NANDAKUMAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH RESPONDENT(S): --------------- 1. THE ASST PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, REGIONAL OFFICE,"BHAVISHYANIDHI BHAVAN", PATTOM, THIRUVANANTHAPURAM-695 004. 2. THE REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION, REGIONAL OFFICE,"BHAVISHYANIDHI BHAVAN", PATTOM, THIRUVANANTHAPURAM-695 004. 3. EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, SCOPE MINAR, CORE II, 4TH FLOOR, LAXMI NAGAR DISTRICT CENTRE, LAXMI NAGAR, NEW DELHI- 110 092. BY SMT.T.N.GIRIJA, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/09/2011 ALONG WITH W.P.(C) No. 24016 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 24014/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE ORDER DATED 20.7.2011 ISSUED BY THE 1ST RESPONDENT EXT.P2 : COPY OF THE APPEAL MEMORANDUM (WITHOUT ANNEXURES) FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 18.8.2011 RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE vps P.N.RAVINDRAN, J. --------------------------- W.P.(C) Nos. 24014 & 24016 OF 2011 -------------------------- Dated this the 2nd day of September, 2011 J U D G M E N T The petitioners in these writ petitions are private limited companies registered under the Companies Act, 1956. They have filed these writ petitions apprehending that though challenging Ext.P1 order passed by the first respondent under section 7A of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as 'the Act' for short), the petitioners have filed Ext.P2 appeal before the Employees Provident Fund Appellate Tribunal within the period of limitation prescribed for the purpose as the Tribunal is not sitting in the headquarters, the petitioners have not been able to move for waiver of pre-deposit and seek other appropriate interim orders and that taking advantage of that situation, respondents 1 and 2 are likely to attach the bank accounts of the petitioners for realising the amounts due under the order impugned in the appeal. In this writ petition, the petitioners seek a direction to respondents 1 and 2 to await the orders to be passed by the Tribunal on Ext.P2 appeal either waiving the pre-deposit or granting a conditional order of stay before proceeding to recover the amounts due under the orders impugned in the appeals. 2. Heard Sri.Benny P.Thomas, learned counsel appearing for the petitioners, Smt.T.N.Girija, learned standing counsel appearing for WPC Nos.24014 & 24016/2011 2 the Employees Provident Fund Organisation in W.P.(C) No.24014 of 2011 and Sri.Joy Thattil Itoop, learned standing counsel appearing for the Employees Provident Fund Organisation in W.P.(C) No.24016 of 2011. The learned counsel appearing for the petitioners submitted that the orders impugned in the appeals involved in these writ petitions were passed on 12.7.2011 but communicated to the respective petitioners after 20th July 2007 and 28th July 2007 and that even going by the date of the order, the period of limitation prescribed for filing the appeals have not expired. The learned counsel also submitted that the petitioners have as a matter of fact, filed appeals and have also moved for waiver of the pre-deposit and for an order staying the operation of the order impugned in the appeal and such being the situation, for the mere reason that the Tribunal is not presently holding sittings in the headquarters, the respondents should not be permitted to recover the amounts due under the orders passed under section 7A of the Act at least for a short period of time so as to enable the petitioners to move the Tribunal for interim orders. 3. The learned standing counsel appearing for the Employees Provident Fund Organisation submitted that recovery pursuant to the orders impugned in the appeals filed by the petitioners before the Tribunal can be kept in abeyance for a period of one month so as to WPC Nos.24014 & 24016/2011 3 enable the respective petitioners to move the Tribunal seeking waiver of pre-deposit or other interim orders. In such circumstances, I dispose of these writ petitions with a direction to the Employees Provident Fund Appellate Tribunal to take up the appeals filed by the respective petitioners and pass appropriate orders thereon on the request made by them for waiver of pre-deposit or such other interim order as are just and proper expeditiously and in any event within one month from the date of receipt of a certified copy of this judgment. Till such time, respondents 1 and 2 shall not take steps to enforce Ext.P1 order produced in the writ petitions. P.N.RAVINDRAN, (JUDGE) vps