IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 10757 of 2009(L) -------------------------- PETITIONER(S): --------------- HOTEL RUBY ARENA,MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM,REP.BY ITS MANAGING PARTNER MR.M.VIJAYA KUMAR. BY ADV. SRI.C.M.STEPHEN RESPONDENT(S): --------------- 1. THE REGIONAL COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, REGIONAL OFFICE,BHAVISHYANIDHI BHAVAN, PATTOM P.O.THIRUVANANTHAPURAM. 2. N.SATHEESAN,ASSISTANT COMMISSIONER, (RECOVERY-N-CHARGE) EMPLOYEES PROVIDENT FUND ORGANIZATION, REGIONAL OFFICE,BHAVISHYANIDHI BHAVAN, PATTOM P.O.THIRUVANANTHAPURAM. 3. THE EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL,SECOND FLOOR,EPF HEAD OFFICE BUILDING, 14,BHICAJI CAMA PLACE,HUDDCO VISHALA BUILDING, NEW DELHI-110066. 4. STATE BANK OF TRAVANCORE, MEDICAL COLLEGE BRANCH, THIRUVANANTHAPURAM-695 011. REP.BY ITS ASSISTANT GENERAL MANAGER. ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE FOR R1,2 SMT.T.N.GIRIJA, SC,EPF ORGANISATION FOR R1,2 MR.R.S.KALKURA, SC FOR SBT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.10757 of 2009 --------------------------------- Dated, this the 7th day of April, 2009 J U D G M E N T Ext.P6 is an order passed by the 1st respondent exercising his powers under Section 7A of the Employees Provident Fund and Miscellaneous Provisions Act. Aggrieved by this order, the petitioner has filed Ext.P9 appeal before the 3rd respondent Tribunal. Along with the appeal, he has also filed applications for waiver/reduction of deposit of 75% of the amount due under Ext.P6. Orders have not been passed on these applications. 2. In the meanwhile, by Ext.P11 order, issued under Section 8F of the Act, the amount due under Ext.P6 is sought to be realized. It is stated that acting upon Ext.P11, the Bank has issued Ext.P12, freezing the current account of the petitioner. It is in these circumstances, the writ petition has been filed challenging Exts.P11 & P12 orders. 3. As already noticed, aggrieved by Ext.P6 order issued under Section 7A of the Act, the petitioner has filed Ext.P9 appeal accompanied by an application for waiver/reduction of the condition WP(C) No.10757/2009 -2- of pre-deposit. This application is pending consideration of the Tribunal. It is at this stage, coercive action has been taken. In my view, when the Tribunal is ceased of the matter and the order is awaited, it is premature on the part of the respondents to have taken coercive action. Therefore, the writ petition is disposed of with the following directions:- That the 3rd respondent Tribunal shall consider the application made by the petitioner for waiver/reduction of pre-deposit of the amount due under Ext.P6. It is directed that this shall be done as expeditiously as possible, at any rate, within eight weeks of production of a copy of this judgment. 4. In the meantime, further proceedings pursuant to Exts.P11 & P12 will be kept in abeyance. The petitioner is directed to produce copy of the judgment before the 3rd respondent for compliance, within two weeks from today. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg