IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 WP(C).No. 30614 of 2007(T) -------------------------- PETITIONER: ------------ M/S. KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING), CORPORATION (KSBC) LIMITED, PB NO.2263, SASTHAKRIPA OFFICE COMPLEX, SASTHAMANGALAM P.O., TRIVANDRUM-695 010, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.MILLU DANDAPANI RESPONDENTS: ------------- 1. ASSISTANT PROVIDENT FUND COMMISSIONER, BHAVISHYANIDHI BHAWAN, PATTOM P.O., TRIVANDRUM-695 004. 2. KERALA TODDY & ABKARI WORKERS CONGRESS (INTUC), TRIVANDRUM, REPRESENTED BY ITS PRESIDENT, REG.NO.448/1983, CENTRAL COMMITTEE OFFICE, JETTI ROAD, QUILON. 3. MADHYA VYAPAR MADHYA VYAVASAYA THOZHILALI FEDERATION (INTUC), REPRESENTED BY ITS PRESIDENT, SANTHI NAGAR JUNCTION, PRESS ROAD, TRIVANDRUM. 4. KERALA STATE VIDESHA MADHYA VYAPAR THOZHILALI UNION (CITU), REPRESENTED BY ITS GENERAL SECRETARY, P.KRISHNA PILLAI BHAVAN, NORTH RAILWAY STATION ROAD, ERNAKULAM, COCHIN-682 018. 5. KERALA STATE MADHYA VYAPARA THOZHILALI FEDERATION (AITUC), STATE COMMITTEE OFFICE, CPI OFFICE, C.MADHAVAN ROAD, THENATHAMANGALAM KAVALA, NORTH PARAVOOR, ALUVA. WP(C).No. 30614/2007/T -2- 6. KERALA PRADESH TODDY & ABKARI MAZDOOR FEDERATION (BMS), REPRESENTED BY ITS GENERAL SECRETARY, STATE OFFICE MARAYIL LANE, CHITTOOR ROAD, ERNAKULAM, COCHIN. 7. KERALA ABKARI WORKERS' WELFARE FUND BOARD, REPRESENTED BY ITS CHIEF WELFARE FUND INSPECTOR, POWER HOUSE ROAD, TRIVANDRUM-695 023. 8. EMPLOYEES' PROVIDENT FUND APPELLATE TRIBUNAL, MAYUR BHAWAN, CONNAUGHT PLACE, NEW DELHI-110 001, REPRESENTED BY ITS REGISTRAR. R1 BY ADV. SMT.T.N.GIRIJA, SC,EPF ORGANISATION R3 BY ADV. SRI.DEEPU THANKAN R4 BY ADV. SRI.KOSHY GEORGE R6 BY ADV. SRI.N.NAGARESH SRI.N.N. SUGUNAPALAN, SC, P.F. SRI.M.K.CHANDRAMOHAN DAS, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ======================= W.P.(C) No. 30614 of 2007(T) ======================= Dated this the 2nd day of January, 2008 JUDGMENT The petitioner is aggrieved by the action of the provident fund organisation in initiating coercive proceedings for recovery of disputed amounts assessed in Ext.P1 under the Employees Provident Fund and Miscellaneous Provisions Act, without giving the petitioner time to file an appeal and move for interim orders. The writ petition was filed at a time when on account of outbreak of fire in the building of the Employees Provident Fund Appellate Tribunal, the Tribunal was not accepting appeals. 2. While admitting this writ petition, I had granted interim stay of recovery on condition that the petitioner pays one-fourth of the amount demanded, within one month. It is reported by the counsel for the petitioner that the said amount has been paid. It is also submitted by the learned counsel for the petitioner that subsequently appeal filed by the petitioner has been accepted by Tribunal and has been numbered as ATA 837 W.P.(C) No. 30614/2007(T) -2- (7)/ 2007. In the above circumstances, the writ petition is disposed of on the following terms: The 8th respondent Appellate Tribunal shall consider the prayer of the petitioner for interim orders in ATA 837(7)/ 2007 as expeditiously as possible. Till orders are passed as directed above, interim order dated 16.10.07 passed in this writ petition shall continue to be in force. S.SIRI JAGAN, JUDGE jp