IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 17TH JUNE 2011 / 27TH JYAISHTA 1933 WP(C).No. 1449 of 2010(E) ------------------------- PETITIONER: --------------- THE PLANTATION CORPORATION OF KERALA LTD REGD.OFFICE AT PLANTATION CORPORATION BUILDING, KOTTAYAM - 686 004. REPRESENTED BY ITS MANAGING DIRECTOR, MR.BABU THOMAS. BY ADV. SRI.JOSEPH KODIANTHARA, SENIOR ADVOCATE SRI.MATHEWS K.UTHUPPACHAN SRI.TERRY V.JAMES RESPONDENTS: --------------- 1. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, 36/385/A, P.B.NO.1895, BHAVISHYANIDHI BHAVAN, KALOOR, KOCHI - 682 017, KERALA. 2. EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, 7TH FLOOR, 60, SKYLARK BUILDING, NEHRU PLACE, NEW DELHI - 110 019. 3. MINISTRY OF LABOUR, GOVERNMENT OF INDIA, SRAM SHAKTI BHAVAN, NEW DELHI - 110 001. ADV. DR.S.GOPAKUMARAN NAIR, SENIOR ADVOCATE FOR R1 SRI.M.CHANDRA BOSE FOR R1 SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R3 SRI.P.PARAMESWARAN NAIR,ASG OF INDIA FOR R2&3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 1449/2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE ORDER NO.KR/KC/2631/PD/B/T(2)/2007 DATED 18.1.2007 ISSUED BY THE 1ST RESPONDENT EXT.P2 : COPY OF THE APPEAL AND STAY PETITION DATED 16.2.2007 BEFORE THE 2ND RESPONDENT EXT.P3 : COPY OF THE ORDER NO.KR/KC 2631/DAMAGES CELL/7Q/T/2007/15084 DATED 18.1.2007 EXT.P4 : COPY OF THE PETITION DATED 16.2.2007 FILED BEFORE THE 3RD RESPONDENT EXT.P5 : COPY OF ORDER NO.KR/KC/2631/DAMAGES/T(2)2007/16188 DATED 13.2.2007 EXT.P6 : COPY OF JUDGMENT IN W.P.(C) No. 6639 OF 2007 DATED 15.9.2008 EXT.P7 : COPY OF ORDER IN IA NO.9098 OF 2009 IN W.P.(C) No. 6639 OF 2007 DATED 30.7.2009 EXT.P8 : COPY OF ORDER DATED 14.12.2009 ISSUED BY THE 1ST RESPONDENT RESPONDENT'S EXHIBITS: EXT.R1(a) : COPY OF THE REPLY STATEMENT ALONG WITH COPIES OF CHALLANS DATED 6.12.2006 //TRUE COPY// P.A. TO JUDGE vps P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 1449 OF 2010 -------------------------- Dated this the 17th day of June, 2011 J U D G M E N T Ext.P1 order passed by the first respondent under section 14B of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 levying the sum of Rs.9,96,372/- as damages and Ext.P8 notice of demand issued by the first respondent for payment of the said sum are under challenge in this writ petition. The main ground of challenge is that Ext.P1 is pending in appeal and therefore the first respondent should not have enforced payment. 2. When the writ petition came up for admission on 15.1.2010 an interim order was passed staying recovery pursuant to the impugned order for a period of two months. Later on 12.3.2010, while extending the interim order of stay, this Court directed the Employees Provident Fund Appellate Tribunal to pass orders on the stay petition filed by the petitioner along with the appeal within two months. It appears the Appellate Tribunal did not pass any interim order of stay and therefore this Court was periodically extending the interim order of stay. 3. When the writ petition came up for hearing today, the WPC No.1449/2010 2 learned counsel on both sides submitted that the Appellate Tribunal has by order passed on 20.1.2011 allowed the appeal filed by the petitioner and remanded the matter to the first respondent for passing fresh orders in the light of the directions contained therein. A copy of the order dated 20.1.2011 in ATA No.237(7)07 was also made available to me for perusal. I have perused the same. A reading of the orders shows that Ext.P1 order impugned in the appeal has been set aside. In view of the order passed by the Appellate Tribunal, the petitioner cannot now have any subsisting grievance. The writ petition is accordingly closed as infructuous leaving open the contentions of both sides on the merits. P.N.RAVINDRAN, (JUDGE) vps