IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 26TH FEBRUARY 2009 / 7TH PHALGUNA 1930 WP(C).No. 6313 of 2009(H) ------------------------------- PETITIONER(S): ------------------ M.ABDUL HAKKIM, PROPRIETOR, M/S.ARABIAN CASHEW EXPORTS, KILIKOLLOOLOR, KOLLAM, KERALA. BY ADV. SRI.JOHNSON GOMEZ RESPONDENT(S): ------------------- 1. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, KOLLAM, KERALA. 2. THE EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, NEW DELHI REPRESENTED BY ITS REGISTRAR. SRI.PIRAPPANCODE V.S.SUDHEER, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 6313 OF 2009 (H) ==================== Dated this the 26th day of February, 2009 J U D G M E N T Aggrieved by Ext.P1, an order passed by the 1st respondent exercising his powers under Section 7A of the Employees' Provident Fund and Miscellaneous Provisions Act, petitioner has filed Ext.P2 appeal before the 2nd respondent accompanied by Ext.P3, praying for waiver of the condition of pre-deposit and also for stay of Ext.P1. In this writ petition, what the petitioner seeks is a direction to the 2nd respondent to consider and pass orders on Ext.P3, and in the meanwhile, to keep the recovery proceedings, if any, in abeyance. 2. Although the standing counsel appearing for the respondents object to the prayer made contending that money is due from the petitioner in terms of Ext.P1, having regard to the fact that Ext.P3 petition filed by the petitioner is pending consideration of the 2nd respondent, I feel at this stage, petitioner should not be saddled with the liability to pay the amount due under Ext.P1. 3. Having regard to the submissions made, I dispose of this writ petition with the following directions. 1) That the 2nd respondent shall within 8 weeks from today WPC 6313/09 :2 : consider and pass orders on Ext.P3. 2) It is directed that until orders are passed as above, further proceedings for recovery of the amount due under Ext.P1 will be kept in abeyance. 3) Petitioner may produce a copy of this judgment before the 2nd respondent for compliance. ANTONY DOMINIC, JUDGE Rp