IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 WP(C).No. 2067 of 2009(U) -------------------------------------- PETITIONER(S): ------------------- M/S.NAVABHARATH HIGHER SECONDARY SCHOOL, KIZHUVILAM P.O, ATTINGAL, REPRESENTED BY ITS MANAGER, MUHAMMED BASHEER. BY ADV. SRI.C.E.UNNIKRISHNAN RESPONDENT(S): ---------------------- 1. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, REGIONAL OFFICE KERALA, “BHAVISHYANIDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM- 695 004. 2. THE MANAGER, STATE BANK OF INDIA, ATTINGAL BRANCH, ATTINGAL. SMT.T.N.GIRIJA, SC FOR EPF SRI.P.V.SURENDRANATH, SC FOR SBI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 2067 OF 2009 (U) ==================== Dated this the 20th day of January, 2009 J U D G M E N T By Ext.P2 order issued under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, petitioner was called upon to pay Rs.9,44,102/- being the contribution payable under the Act. Aggrieved by this order, petitioner filed Ext.P3 appeal along with an application for stay and seeking waiver of pre deposit. From Ext.P4, it would appear that the appeal is posted to 19/2/2009. Meanwhile, respondents issued Ext.P5 order under Section 8F of the Act to the State Bank of India, Attingal Branch where the petitioner is maintaining an account. By Ext.P6, the Manager of the Bank has informed the petitioner that the balance outstanding as on date was Rs.4,30,736/- and that the same has been transferred to the Regional Provident Fund Commissioner, Trivandrum on 12/11/2008. Petitioner submits that despite having realised almost 50% of the dues under Ext.P2, the respondents are still taking steps to realise the balance amount. 2. From the facts as stated above, it is obvious that Ext.P3 appeal filed by the petitioner is pending before the Appellate Tribunal. Ext.P4 shows that the appeal is also posted to 19/2/2009. Meanwhile, WPC 2067/09 :2 : almost 50% of the amount has already been realised. In view of this, I am inclined to direct that further proceedings pursuant to Ext.P5 shall be kept in abeyance pending disposal of the appeal. 3. In view of the above, it is directed that all further proceedings pursuant to Ext.P5 shall be kept in abeyance until Ext.P3 appeal filed by the petitioner against Ext.P2 is disposed of by the Appellate Tribunal. In view of this, it is ordered that the 2nd respondent shall permit the petitioner to operate the account and shall not make any further remittance to the 1st respondent until the disposal of the appeal. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp