IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 8TH SEPTEMBER 2009 / 17TH BHADRA 1931 WP(C).No. 24916 of 2009(H) -------------------------- PETITIONER(S): P ---------------- A.MOHAMMED RAFI, KALLUVILA VEEDU, AYATHIL.P.O., KOLLAM. BY ADV. SRI.ANIL NARAYANAN RESPONDENT(S): --------------- 1. THE EMPLOYEES PROVIDENT FUND ORGANISATION SUB REGIONLAL OFFICE, OLD MUNICIPAL OFFICE BUILDING, KOLLAM REP. BY THE REGIONAL PROVIDENT FUND COMMISSIONER. 2. ASSISTANT PROVIDENT FUND COMMISSIONER THE EMPLOYEES PROVIDENT FUND ORGANISATION SUB REGIONAL OFFICE, OLD MUNICIPAL OFFICE BUILDING, KOLLAM. ADV.V.V.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.24916 of 2009 ================== Dated this the 8th day of September, 2009 J U D G M E N T The petitioner challenges Ext.P1 order passed by the 2nd respondent under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act. However, the petitioner now submits that the petitioner received Ext.P1 order only on 26.5.2009 and, therefore, the petitioner may be permitted to avail of the remedy by way of appeal before the Tribunal against Ext.P1 order. 2. Heard the learned standing counsel appearing for the respondents also. 3. In the facts and circumstances of the case, I dispose of this writ petition without prejudice to the right of the petitioner to challenge Ext.P1 order in an appeal before the Employees' Provident Fund Appellate Tribunal. To enable the petitioner to file the appeal and move the Tribunal for interim orders, I direct that the recovery proceedings shall be kept in abeyance for a period of three months. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2