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W.ANILKUMAR, S/O. WILSON v. REGIONAL PROVIDENT FUND COMMISSIONER - WP(C) No. 5499 of 2007(D)  RD-KL 8810 (28 May 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMWP(C) No. 5499 of 2007(D)
1. W.ANILKUMAR, S/O. WILSON,
1. REGIONAL PROVIDENT FUND COMMISSIONER,
2. ENFORCEMENT OFFICER,
3. DISTRICT MAGISTRATE,
4. MARANALLOOR KSHEERA VYAVASAYA SAHAKARANA
6. GENERAL MANAGER,
For Petitioner :SRI.THOMAS ABRAHAM
For Respondent :SRI.N.N.SUGUNAPALAN (SR.)
The Hon'ble MR. Justice S.SIRI JAGAN
O R D E R
S. SIRI JAGAN, J.W.P.(C)NO. 5499 OF 2007
DATED THIS THE 28th DAY OF MAY, 2007
A worker of the 4th respondent Society seeks the following reliefs.
"i. issue writ of mandamus or any other appropriate writ order or direction commanding respondents 1 and 2 to take necessary steps under the Provident Fund Act to prevent the evasion of payments towards Provident Fund Account by the 4th and 5th respondents. ii. issue a writ of mandamus or any other appropriate writ order or direction commanding the Executive Magistrate to initiate steps under Section 110 of the Provident Fund Act as per Exhibit P2 representation. iii. issue a writ of mandamus or any other appropriate writ order or direction commanding the 1st respondent to take appropriate steps under section 8 to 8(G) of the Provident Fund Act. and iv. to grant such other and further releifs as deemed by this Hon'ble Court fit and proper to grant in the facts and circumstances of this case".
2. The respondents 4 and 5 have filed a counter affidavit in which they have categorically stated that the matter is pending in appeal before the Employees Provident Fund Appellate Tribunal and this Court had granted an interim order on condition that the petitioner pays Rs.30,000/- directing that further proceedings would be kept in abeyance till orders are passed in the stay petition by the Tribunal. W.P.(c)No.5499/07 2 It is stated in the counter affidavit that no orders have been passed by the Tribunal. That being so, the prayers of the petitioner cannot be granted at this juncture. However, the petitioner may move for appropriate reliefs, after the appeal pending before the Tribunal is disposed of. Without prejudice to such right this writ petition is dismissed.
S. SIRI JAGAN, JUDGEAcd W.P.(c)No.5499/07 3
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