A.Mohammed Rafi vs The Employees Provident Fund on 8 September, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 24916 of 2009(H)


1. A.MOHAMMED RAFI, KALLUVILA VEEDU,
                      ...  Petitioner

                        Vs



1. THE EMPLOYEES PROVIDENT FUND
                       ...       Respondent

2. ASSISTANT PROVIDENT FUND COMMISSIONER

                For Petitioner  :SRI.ANIL NARAYANAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :08/09/2009

 O R D E R
                            S.SIRI JAGAN, J.

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                       W.P(C).No.24916 of 2009

                     ==================

              Dated this the 8th day of September, 2009

                            J U D G M E N T

The petitioner challenges Ext.P1 order passed by the 2nd

respondent under Section 7A of the Employees’ Provident Funds and

Miscellaneous Provisions Act. However, the petitioner now submits

that the petitioner received Ext.P1 order only on 26.5.2009 and,

therefore, the petitioner may be permitted to avail of the remedy by

way of appeal before the Tribunal against Ext.P1 order.

2. Heard the learned standing counsel appearing for the

respondents also.

3. In the facts and circumstances of the case, I dispose of this

writ petition without prejudice to the right of the petitioner to

challenge Ext.P1 order in an appeal before the Employees’ Provident

Fund Appellate Tribunal. To enable the petitioner to file the appeal and

move the Tribunal for interim orders, I direct that the recovery

proceedings shall be kept in abeyance for a period of three months.

Sd/-

sdk+                                             S.SIRI JAGAN, JUDGE
         ///True copy///




                              P.A. to Judge

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