IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 WP(C).No. 17362 of 2008(P) -------------------------- PETITIONER: ------------ SAPTHA ZEAL PRIVATE LIMITED, ROYAL TOWERS, POTTAKUZHY JUNCTION, PATTOM P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR M.K.PADMAKUMAR. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENTS: ------------- 1. ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, REGIONAL OFFICE, PATTOM, THIRUVANANTHAPURAM. 2. THE EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, 9TH FLOOR, MAYOOR BHAVAN, NEAR SANKAR MANKERT, CANNOUGHT PLACE, NEW DELHI-110 001. BY SMT. T.N. GIRIJA, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 17362 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 11th June, 2008. J U D G M E N T Petitioner is aggrieved by coercive proceedings initiated under Section 8F of the Employees Provident Funds and Miscellaneous Provisions Act for non-payment of contributions payable under the Act assessed by Ext. P1 order. Petitioner's contention is that the petitioner has already moved the Tribunal by filing Ext. P2 appeal in which prayer for interim orders has also been incorporated. The petitioner contends that even before the appeal period is over, coercive proceedings have been initiated by issuing Ext. P3 under Section 8F. The petitioner therefore seeks the following reliefs: “a) Issue a writ of certiorari or any other appropriate writ or order, quashing and setting aside Exhibits P1 and P3. b) Issue a writ of mandamus or any other appropriate writ or order directing the 2nd respondent to take up and dispose of Exhibit P2 appeal. c) Hold that the steps taken by the 1st respondent under Section 8(F) of the EPF & MP Act against the petitioner is arbitrary and illegal.” 2. I have heard the learned counsel for the Provident Fund Organisation also. 3. I am of opinion that before coercive proceedings can be initiated to recover the amounts covered by Ext. P1, the petitioner should be given a reasonable opportunity to approach the Tribunal to obtain interim orders. Accordingly, the writ petition is disposed of as follows. The 2nd respondent shall consider the interim prayers of the petitioner in Ext. P2 as expeditiously as possible. Till orders are passed on the interim prayer, further coercive proceedings initiated for recovery of the amount covered by Ext. P1 shall be kept in abeyance. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.