IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 16TH JANUARY 2008 / 26TH POUSHA 1929 WA.No. 122 of 2008() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.36981/2007 Dated 14/12/2007 .................... APPELLANT: PETITIONERS: ----------------------- 1. SISTER MARY M.M., HEADMISTRESS, ST. MARY'S HIGH SCHOOL, PULIYARAKONAM, THIRUVANANTHAPURAM-73. 2. FR. JOSEPH GNAYALIOOR, MANAGER, ST. MARY'S HIGH SCHOOL, PULIYARAKONAM, THIRUVANANTHAPURAM-73. BY ADV. SRI.GOPAKUMAR R.THALIYAL RESPONDENTS: RESPONDENTS: ------------------------- 1. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, REGIONAL OFFICE, PATTOM,TRIVANDRUM. 2. THE EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, NEW DELHI. BY ADV. SRI.N.N. SUGUNAPALAN, SC, P.F. SMT.T.N.GIRIJA, SC,EPF ORGANISATION THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA,JJ. ----------------------------------------- W.A.No.122 of 2008 ----------------------------------------- Dated this the 16th day of January, 2008 JUDGMENT Koshy, J. Appellant is challenging the order of the first respondent Assistant Provident Fund Commissioner retrospectively demanding payment after clubbing the appellants' institution with another institution. According to the appellants, it has no connection with the other institution. According to the appellants, their institution is covered under the Employees Provident Fund and Miscellaneous Provisions Act and contributions are being paid regularly. The demand arose due to the unlawful clubbing. Whether there is clubbing is correct or not is depending upon bundle of facts which are necessarily to be decided by the Tribunal. The appellants have already filed Exhibit P5 appeal before the Tribunal and the matter is pending before the Tribunal. 2. Head learned counsel for first respondent Assistant Provident Fund Commissioner also. In the above circumstances, we direct the second respondent Tribunal to dispose of Exhibit P12 WA.122/08 2 appeal as expeditiously as possible and until orders are passed on the appeal, no demand shall be made against the petitioner. The Writ Appeal is disposed of accordingly. J.B.KOSHY, JUDGE K.HEMA, JUDGE vgs.