IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 16TH SEPTEMBER 2009 / 25TH BHADRA 1931 WP(C).No. 25292 of 2009(F) -------------------------- PETITIONER(S): --------------- S.BIJU, S/O.SADANANDAN, AGED 26 YEARS, PROPRIETOR, M/S.KAIRALI CASHEW, THOTTATHIL VEEDU, THAZHAMEL, ANCHAL P.O., KOLLAM. BY ADV. SRI.SAIJU S. RESPONDENT(S): --------------- 1. THE EMPLOYEES' PROVIDENT FUND COMMISSIONER, EMPLOYEES' PROVIDENT FUND ORGANIZATION, BHAVISHYANIDHI BHAVAN, PATTOM PALACE P.O., THIRUVANANTHAPURAM. 2. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES' PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, CHINNAKKADA, KOLLAM. 3. THE ENFORCEMENT OFFICER, EMPLOYEES' PROVIDENT FUND ORGANISATION, KOLLAM. 4. THE EMPLOYEES' PROVIDENT FUND, APPELLATE TRIBUNAL, NEW DELHI. 5. P.THOMAS PANICKER, PROPRIETOR, M/S.ST.THOMAS CASHEW FACTORY, CHERATTAKUZHY, KARUKONE P.O., KOLLAM. SRI. V.V. SURESH, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/09/2009, A/W. WPC NO. 25300/2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) Nos. 25292 & 25300 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 16th September, 2009. J U D G M E N T In both these writ petitions, the petitioners are challenging orders passed by the Assistant Provident Fund Commissioner of Employees Provident Fund Organisation at the Sub Regional Office, Kollam, whereby contributions payable by the petitioners under the Employees Provident Funds and Miscellaneous provisions Act have been determined under Section 7A of the Act. But the petitioners themselves admit that they have already availed of the alternate remedy by way of appeal before the Employees Provident Fund Appellate Tribunal against those orders. But, they submit that although they have moved the Tribunal for interim orders in the matter, which have not yet been considered. The petitioners now submit that the Tribunal may be directed to consider and pass orders on the petition for waiver of pre-deposit and stay expeditiously. 2. I have heard the standing counsel for the Provident Fund Organisation. From Ext. P3 petition for waiver of pre-deposit, I find that the petitioners have filed the petition for waiver of pre-deposit only in August, 2009. In the above circumstances, I dispose of these writ petitions with a direction to the 4th respondent-Appellate Tribunal to consider and pass orders on the petitions submitted by the petitioner for waiver of pre-deposit of contributions assessed and stay of recovery of the same, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment, if the petitions have been received and are pending. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.