IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 WP(C).No. 4003 of 2008(B) ------------------------- PETITIONER: ------------ M/S.HOTEL LEELA VENTURE LIMITED (FORMERLY KNOWN AS KOVALAM HOTELS LIMITED THE LEELA KEMPINSKI KOVALAM BEACH, KOVALAM P.O., TRIVANDRUM 695 527 REPRESENTED BY GENERAL MANAGER MR.BISWAJITH CHAKRABORTY. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.ANIL D. NAIR RESPONDENTS: ------------------ 1. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, REGIONAL OFFICE, THIRUVANANTHAPURAM. 2. EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, NEW DELHI. BY SMT. T.N. GIRIJA SC EPF THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.4003 OF 2008 ---------------------------------------- Dated this the 4th day of February, 2008 JUDGMENT The petitioner is an establishment covered under the Employees Provident Funds and Miscellaneous Provisions Act. By Ext.P1 order, they have been directed to pay an amount of Rs.6,01,247.20/- as contributions payable under the Act. The petitioner has filed Ext.P2 appeal before the Tribunal which has been numbered as A.T.A. No. 48(7)/2008. The petitioner's complaint is that before the Tribunal could consider the prayer of the petitioner for interim orders, the respondents are initiating steps for coercive recovery of the amounts under Ext.P1. Therefore the petitioner seeks expeditious disposal of Ext.P2 appeal and stay of further recovery proceedings pursuant to Ext.P1 pending disposal of the appeal. 2. I have heard the learned standing counsel appearing for the Provident Fund Organisation also. In so far as the petitioner has filed Ext.P2 appeal, in which a specific prayer for interim orders has been made, the Tribunal has a duty to pass W.P.(c) No.4003/08 2 orders on the interim prayers. 3. Accordingly, I direct the 2nd respondent to consider the interim prayer of the petitioner in Ext.P2 as expeditiously as possible. Till orders are passed on the interim prayer in Ext.P2 appeal, further recovery proceedings pursuant to Ext.P1 shall be kept in abeyance. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd W.P.(c) No.4003/08 3