IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 WP(C).No. 4401 of 2008(Y) ------------------------- PETITIONER: ------------ R.RAVEESH RAMAKRISHNAN, PROPRIETOR, HOTEL ARIYAS, NEAR SANKER'S HOSPITAL, KOLLAM. BY ADV. SRI.SAJIV C KRISHNAN RESPONDENTS: ------------- 1. ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. VIJAYACHANDRAN, S/O.K.M.RAMAKRISHNA PILLAI, RAJKAMAL RESIDENCY, NEAR SANKER'S HOSPITAL JUNCTION, KOLLAM EAST VILLAGE, KOLLAM. 3. ENFORCEMENT OFFICER, EMPLOYEES PROVIDENT FUND ORGANIZATION, MINISTRY OF LABOUR, SUB REGIONAL OFFICE, KOLLAM. 4. THE PROVIDENT FUND APPELLATE TRIBUNAL, NEW DELHI. BY SMT. T.N. GIRIJA - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.4401 OF 2008 ---------------------------------------- Dated this the 6th day of February, 2008 JUDGMENT Against Ext.P1 order passed by the 1st respondent assessing contributions under the Employees Provident Funds and Miscellaneous Provisions Act clubbing the 2nd respondent's establishment with that of the petitioner, the petitioner has filed Ext.P3 appeal before the 4th respondent - Tribunal which is numbered by the Tribunal as Appeal No.47(7)/2008. The petitioner is now aggrieved by the coercive proceedings for recovery of the disputed demand during the pendency of the said appeal. The petitioner's grievance is that the office of the Tribunal is not now functioning properly and therefore the petitioner is not in a position to move the Tribunal for interim orders. The petitioner therefore seeks stay of coercive proceedings for recovery of amounts covered by Ext.P1 till disposal of the appeal. 2. I have heard the learned standing counsel appearing for the Provident Fund Organisation also. I am of opinion that a W.P.(c) No.4401/08 2 party should not suffer because of the inability of the Tribunal to take up matters filed before it for consideration. In the above circumstances the writ petition is disposed of with the following directions: The 4th respondent shall consider the interim prayers of the petitioner in Ext.P3 appeal as expeditiously as possible. Till orders are passed on the interim prayers of the petitioner, further coercive proceedings for recovery of amounts covered by Ext.P1 shall be kept in abeyance on condition that the petitioner pays an amount of Rs.30,000/- (Rupees thirty thousand only) within one month from today. S. SIRI JAGAN, JUDGE Acd W.P.(c) No.4401/08 3