IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 WP(C).No. 8994 of 2010(Y) --------------------------------------- PETITIONER(S): ------------------------ ST.VINCENT ENGLISH MEDIUM SCHOOL, PALA, KOTTAYAM DISTRICT, REPRESENTED BY ITS MANAGER, FR.MATHEW CHEERAMKUZHY, S/O.LATE C.V.VARKEY, AGED 63 YEARS. BY ADV. SRI.TOM JOSE (PADINJAREKARA) RESPONDENT(S): --------------------------- 1. ASSISTANT PROVIDENT FUNDS COMMISSIONER, EMPLOYEES PROVIDENT FUNDS ORGANISATION, SUB-REGIONAL OFFICE, KOTTAYAM. 2. THE REGISTRAR, EMPLOYEES' PROVIDENT FUNDS APPELLATE TRIBUNAL SCOPE MINAR CORE 2, LEXMI NAGAR DIST.CENTRE, LEXMI NAGAR, EAST DELHI, DELHI-110 092. 3. THE SECRETARY, MINISTRY OF LABOUR, GOVERNMENT OF INDIA, REPRESENTED BY ASSISTANT SOLOCITOR GENERAL, HIGH COURT OF KERALA. R1 BY ADV. SRI.JOY THATTIL ITOOP, SC, EPF ORGANISATION R3 BY ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.8994/2010 Y APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER NO.KR/KTM/5687/PD/ENF.1(8)2009 DTD. 28/05/2009 ISSUED BY THE 1ST RESPONDENT TO THE BANKERS OF THE PETITIONER. P2: COPY OF THE JUDGMENT DTD. 23/06/2009 IN WPC.NO.17247/09. P3: COPY OF THE NOTICE DTD. 08/01/2010 RECEIVED BY THE PETITIONER FROM THE APPELLATE TRIBUNAL, DISMISSING APPEAL NO.ATA NO. 40(7) 2009. P4: COPY OF THE NOTICE DTD. 08/01/2010 RECEIVED BY THE PETITIONER FROM THE APPELLATE TRIBUNAL, DISMISSING APPEAL NO.ATA NO. 41(7)2009. P5: COPY OF THE RESTORATION PETITION DTD. 2/03/2010 IN ATA NO.40(7)2009. P6: COPY OF THE RESTORATION PETITION DTD. 2/03/2010 IN ATA NO.41(7)2009. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss K.SURENDRA MOHAN, J ........................................... WP(C).NO.8994 OF 2010 ............................................ DATED THIS THE 11TH DAY OF JUNE, 2010 JUDGMENT The petitioner has filed this writ petition challenging the order passed by the Employees Provident Fund Appellate Tribunal dismissing the petitioner's appeal for default. The petitioner was directed to pay damages and interest on the delayed payments for the period from March, 1997 to May, 2004 by the first respondent. Against the said order, the petitioner approached the Employees Provident Fund Appellate Tribunal by filing an appeal challenging the same. According to the petitioner, though the petitioner was present before the Tribunal, his appeal was dismissed for default. Therefore, the petitioner has filed Exts.P5 and P6, applications for the restoration of his appeal. In the meantime, since the first respondent was proceeding with coercive steps to recover the amounts demanded, the petitioner has filed this writ petition. This writ petition was admitted on 18.3.2010 and an interim order was passed directing the first respondent not to initiate any coercive action against the petitioner Wpc 8994/2010 2 pursuant to Ext.P1, till the disposal of Exts.P5 and P6 petitions filed for restoring the appeals of the petitioner. The said interim order is in force. 2. It is submitted by the counsel on both sides that the writ petition itself can be disposed of directing an expeditious consideration and disposal of Exts.P5 and P6 and that the interim order can be allowed to continue till such disposal. 3. In the above circumstances, this writ petition is disposed of directing the second respondent to consider the restoration petitions filed by the petitioner, evidenced herein by Exts.P5 and P6, in accordance with law, and to pass appropriate orders thereon, as expeditiously as possible and at any rate, within a period of two months from the date of receipt of a copy of this judgment. Pending disposal of Exts.P5 and P6, the interim order granted on 18.3.2010 shall continue to be in force. K.SURENDRA MOHAN, JUDGE lgk