IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 27360 of 2008(F) -------------------------- PETITIONER(S): --------------- M/S.T.D.B.CENTRAL SCHOOL, KADAKKAL, KOLLAM DISTRICT, REPRESENTED BY ITS PRINCIPAL, DR.THOTTAM BHUVANEENDRAN NAIR BY ADV. SRI.C.M.STEPHEN RESPONDENT(S): --------------- 1. THE REGIONAL COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION SUB-REGIONAL OFFICE OLD MUNICIPAL OFFICE BUILDING CHINNAKKADA KOLLAM. 2. THE ASSITANT COMMISSIONER-EMPLOYEES PROVIDENT FUND ORGANIZATION SUB-REGIONAL OFFICE OLD MUNICIPAL OFFICE BUILDINGS CHINNAKADA KOLLAM. 3. THE KOLLAM DISTRICT CO-OPERATIVE BANK LTD., KADAKKAL BRANCH, KADAKKAL, REPRESENTED BY ITS SEBUIR NABAGER. 4. EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL SECOND FLOOR, EPE HEAD OFFICE BUILDING 14, BHICAJI RAMA PLACE HUDDCO VISHALA BUILDING JEW DELHI - 110066. ADV. SRI.N.N.SUGUNAPALAN (SR) SC FOR R1 & 2 SMT.T.N.GIRIJA, SC,EPF ORGANISATION FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).27360/2008 -------------------- Dated this the 19th day of September, 2008 JUDGMENT Aggrieved by Exts.P4 and P5 orders, petitioner has filed Ext.P6 Appeal Memorandum before the fourth respondent, the Appellate Tribunal, under Section 7-I of the EPF & MP Act, 1952. Petitioner has taken up several grounds in Ext.P6 Appeal Memorandum. According to the petitioner, orders impugned in the appeal are inter alia violative of the principles of natural justice. In the meanwhile, a further order under Section 8-F of the Act has also been passed by the second respondent, as Ext.P9. Learned counsel for the petitioner submits that though Ext.P6 appeal has been sent, no intimation has been received thereafter nor has the Tribunal held any camp sittings in Kerala for the past several years. 2. I heard learned Standing Counsel for the respondents also. I take note of the submissions made by the learned counsel for the petitioner that it would only be appropriate that the Tribunal, the fourth respondent, which exercises its jurisdiction all over the country W.P.(C).27360/2008 2 should, as far as possible, arrange it's affairs in such a manner that it is able to hold camp sittings, in places where such camp sittings are normally held with as much frequency as possible. This observation may be taken note of by the Tribunal and appropriate steps may be taken in this regard. 3. In so far a the grievance of the petitioner is concerned, I am of the view that the petitioner has an efficacious remedy which he is entitled to prosecute before the Appellate Tribunal. But in the facts and circumstances of the case, he must be given time to move the Appellate Tribunal for appropriate interim orders. 4. Learned counsel for the respondents points out that an appeal in the nature of Ext.P6 will be entertained by the Appellate Tribunal only on deposit of 75% of the determined amount or such other reduced amount as the Appellate Tribunal may deem just and fit. This is correct. W.P.(C).27360/2008 3 5. In the result, writ petition is disposed of in the following terms:- Respondents shall keep in abeyance the enforcement of Ext.P9 for a period of three months from today. In the meanwhile, petitioner shall move the Appellate Tribunal for admission of Ext.P6 appeal as also appropriate interim orders. The Appellate Tribunal shall give the petitioner an opportunity of hearing on Ext.P6, for the purpose of admission and interim orders as early as possible, at any rate, within a period of one month from the date on which a copy of this judgment is produced by the petitioner before the Appellate Tribunal. Further enforcement of Ext.P9 shall abide by the orders to be passed by the Appellate Tribunal on Ext.P6. V.GIRI, Judge mrcs