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. 11763 of 2009(M) -------------------------- PETITIONER(S): --------------- CHRISTIAN AGENCY FOR RURAL DEVELOPMENT,MAR THOMAS SABHA OFFICE THIRUVALLA, REP. BY ITS DIRECTOR, REV. DR. SABU PHILIP E BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENT(S): --------------- 1. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND RGANISATION, REGIONAL OFFICE, BHAVISHANIDHI BAHVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE HON'BLE EMPLOYEES PROVIDENT FUND APPLELLATE TRIBUNAL NEHRU PLACE, NEW DELHI-110019 BY SC SMT. T.N. GIRIJA 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.11763 OF 2009 ------------------------ Dated this the 7th day of April, 2009. JUDGMENT Although it is the contention of the petitioner that it being a charitable organization, is not liable to be covered under the Employees Provident Fund and Miscellaneous Provisions Act, proceedings under the Act were initiated, which resulted in Ext.P1 an order passed under Section 7A of the Act, holding that the establishment is covered under the provisions of the Act. 2. It is stated that on receiving Ext.P1 the petitioner has filed Ext.P2 appeal before the Tribunal with an application for stay of Ext.P1 also. During the pendency of this application Ext.P4 notice has been issued by the first respondent, for recovering the amount due from the petitioner. It is stated that since the very coverage is in dispute before the Tribunal, Ext.P4 notice now issued is WP(c).No.11763/09 /2/ premature. It is in these circumstances the writ petition has been filed. 3. Taking into account the submissions made by the counsel for the petitioner and the standing counsel for the respondent, I am inclined to direct an expeditious disposal of the stay petition filed along with the appeal with a direction keep in abeyance further proceedings in Ext.P1 in the meanwhile. Accordingly, the writ petition is disposed of directing that the Tribunal shall pass orders on Ext.P3 application for stay filed along with Ext.P2 appeal. Orders shall be passed on Ext.P3 as expeditiously as possible and at any rate within 3 months from the date of production of a copy of the judgment. It is directed that until orders are passed on Ext.P3 further proceedings pursuant to Ext.P1 will be kept in abeyance. Petitioner shall produce a copy of the judgment before the Tribunal for compliance. vi (ANTONY DOMINIC) JUDGE WP(c).No.11763/09 /2/ vi/ WP(c).No.11763/09 /2/