IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 24TH JUNE 2008 / 3RD ASHADHA 1930 WP(C).No. 18902 of 2008(A) -------------------------- PETITIONER: ------------ THEJAS VASTHRALAYA, KANNUR, REPRESENTED BY ITS MANAGING PARTNER, MAIN ROAD, PAYYANNUR, KANNUR DISTRICT. BY ADV. SRI.M.SASINDRAN RESPONDENTS: ------------- 1. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, KANNUR. 2. THE EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, NEW DELHI - 110 019, REPRESENTED BY ITS REGISTRAR. SHRI.R.SUDHEER, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.18902 OF 2008 ---------------------------------------- Dated this the 24th day of June, 2008 JUDGMENT The petitioner's grievance in this writ petition is that although against Ext.P1 order, the petitioner has filed Ext.P2 appeal along with a petition for interim orders, the same has not yet been considered. The 1st respondent has initiated proceedings under the Employees Provident Funds and Miscellaneous Provisions Act for coercive recovery by issuing Ext.P3. The petitioner therefore, seeks stay of recovery proceedings pending appeal. 2. I have heard the learned Standing Counsel appearing for the Provident Fund Organisation also. I am of opinion that before coercive recovery proceedings can be initiated, the petitioner should be given an opportunity to move the Tribunal for appropriate interim orders in the matter. In fact he has done so by filing a petition along with Ext.P2 appeal. In the above circumstances, this writ petition is disposed of with the following directions. W.P.(c)No.18902/08 2 The 2nd respondent shall consider the prayer for interim orders made by the petitioner in Ext.P2 appeal as expeditiously as possible. Till orders are passed on the interim prayers, further recovery proceedings including prosecution pursuant to Ext.P1 shall be kept in abeyance. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.18902/08 3