IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 WP(C).No. 13950 of 2009(K) -------------------------- PETITIONER(S): --------------- M/S.TRIVANDRUM INTERNATIONAL SCHOOL, EDAKODE P.O.,VIA KIZHUVALAM,THIRUVANANTHAPURAM, REP.BY ITS AUTHORIZED SIGNATORY SRI.SREEKUMAR.B.L. BY ADV. SRI.P.RAMAKRISHNAN SMT.PREETHI RAMAKRISHNAN RESPONDENT(S): --------------- 1. M/S.VITAL HOSPITALITY PRIVATE LIMITED, 15/1962,GANAPATHY KOVIL ROAD,VAZHUTHACAUD. 2. M/S.DETECTIVE AND SECURITY SERVICES, TC 9/1933-3,USHUS,KOCHAR ROAD, SASTHAMANGALAM,THIRUVANANTHAPURAM-10. 3. THE ASSISTANT PROVIDENT FUND COMMISSIONER,EPF ORGANIZATION, REGIONAL OFFICE,PATTOM, THIRUVANANTHAPURAM. 4. THE EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL,SCOPE MINAR,CORE 2,4TH FLOOR, LAKSHMI NAGAR DISTRICT CENTRE,DELHI-110092. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. --------------------------- W.P.(C).13950 of 2009 --------------------------- Dated this the 22nd day of May, 2009 JUDGMENT Challenging the order passed by the Assistant Provident Fund Commissioner, the 3rd respondent, determining the amount stated to be due from the petitioner under Section 7 A of the Employees Provident Fund and Miscellaneous Provisions Act, the petitioner has preferred Ext.P2 appeal before the Appellate Tribunal. Apparently, the petitioner has also moved an application for dispensation of the pre-deposit and for a stay. Orders have not yet been passed on the appeal or on the stay application. But, in the meanwhile, Ext.P3 proceedings have been issued by the 3rd respondent raising a demand of the amount under Ext.P1. Hence this writ petition. 2. I have perused the averments in the writ petition and heard counsel for the petitioner. Since the petitioner has moved the tribunal, the Tribunal is competent to pass an order of stay. But, I take note of W.P.(C).13950 of 2009 :: 2 :: the fact that there is delay in posting the case by the Tribunal. I, therefore, dispose of the writ petition, directing the 3rd respondent to keep in abeyance the enforcement of Exts.P1 and P3 for a period of three months from today. In the meanwhile, the petitioner shall move the Tribunal for admission of the appeal and for passing appropriate interim orders. The enforcement of the demand shall abide by the orders to be passed by the tribunal. Sd/- (V.GIRI) Judge sk/ //true copy// P.S. to Judge