IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 WA.No. 1144 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.6617/2008 Dated 26/02/2008 .................... APPELLANT: (PETITIONER): ------------------------------------------ M/S.KIMS HEALTH CARE MANAGEMENT LIMITED, ANAMUGHAM, PB NO.1, ANAYARA P.O., THIRUVANANTHAPURAM-695 029, REPRESENTED BY ITS EXECUTIVE DIRECTOR E.M.NAJEEB. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENTS: (RESPONDENTS): ---------------------------------------------------- 1. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, BHAVISHYANIDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. M/S.SAPTHA ZEAL PRIVATE LIMITED, PJRRA-58, POTHUJANAM LANE, KUMARAPURAM, THIRUVANANTHAPURAM-11, REPRESENTED BY ITS MANAGING DIRECTOR. 3. THE EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, 9TH FLOOR, MAYOOR BHAVAN, NEW SANKER MARKET, CANNAUGHT PLACE, NEW DELHI. BY ADV. SRI.N.N. SUGUNAPALAN, SC, P.F. R1 SMT.T.N.GIRIJA, SC,EPF ORGANISATION - R1 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- W.A.No.1144 OF 2008 ------------------------------------- Dated 6th June, 2008 JUDGMENT Koshy,J . Heard both sides. 2. Appellant/petitioner has challenged Ext.P5 order of the appellate Tribunal. The Tribunal granted stay on deposit of 60% of the amount demanded within eight weeks from the date of the order. In the writ petition, learned single Judge reduced the conditional amount to 40% to be paid within eight weeks. Petitioner submits that he wants a breathing time to pay the amount. Time for payment of the amount ordered to be paid as a condition precedent is extended till 15.6.2008. If the above amount is paid, balance amount will be waived in fulfillment of section 7-O of the Employees Provident Funds and Miscellaneous Provisions Act. The appeal is disposed of accordingly. J.B.KOSHY JUDGE P.N.RAVINDRAN JUDGE tks