IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 WP(C).No. 21666 of 2009(C) -------------------------- PETITIONER: --------------- EMMANUEL CASHEW INDUSTRIES CHEPPARA P.O., KOTTARAKKARA, KOLLAM-691 520, REPRESENTED BY ITS MANAGER. BY ADV. SRI.B.SURESH KUMAR RESPONDENTS: --------------- 1. THE EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, NEW DELHI. 2. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, OLD MUNICIPAL BUILDING, CHINNAKKADA, KOLLAM-691 001. 3. THE ENFORCEMENT OFFICER, EMPLOYEES PROVIDENT FUND ORGANISATION OLD MUNICIPAL BUILDING, CHINNAKKADA, KOLLAM-691 001. 4. THE MANAGER, FEDERAL BANK, KOTTARAKKARA. BY SRI.PIRAPANCODE V.S.SUDHIR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.21666 of 2009 -------------------------- Dated this the 31st July,2009 J U D G M E N T Aggrieved by Ext.P1 order passed by the original authority under Section 7A of the Employees Provident Funds and Miscellaneous Provisions Act, petitioner has preferred Ext.P3 appeal before the Appellate Tribunal. Ext.P4 will show that the appeal was posted for hearing before the Tribunal at Delhi on 19.5.2009. Petitioner sought for a posting in Kochi. It is up to the petitioner to move the Tribunal for admission and interim order. 2. Heard Learned counsel for the petitioner Sri.B.Suresh Kumar and learned standing counsel for the EPF commissioner Sri. Pirappancode V.S Sudhir. 3. In the meanwhile, proceedings have been taken, allegedly for freezing the bank account of the petitioner. Enforcement of Ext.P1 shall be kept in abeyance for a period of three months from today on condition that the petitioner remits 1/3rd of the amount assessed under Ext.P1, within four weeks from today. Thereafter, the petitioner W.P ( C) No.21666 of 2009 2 shall abide by the orders to be passed by the Appellate Tribunal. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No.21666 of 2009 3 W.P ( C) No.21666 of 2009 4