IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 WP(C).No. 31650 of 2009(A) -------------------------- PETITIONER: ------------- L.JOSEPH, PROPRIETOR, M/S.MODERN ERECTORS, KOTTAPURAM HOUSE, ERAVIPURAM, KOLLAM. BY ADV. SRI.T.M.CHANDRAN SRI.V.A.SASIDHARAN SRI.JOSEPH ALBIN NEDUNTHALLY RESPONDENT(S): ------------------- 1. THE REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANISATION, REGIONAL OFFICE, BAVISYA NIDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, REGIONAL OFFICE, BHAVISYA NIDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. THE REGISTRAR, EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, CORE 2, 4TH FLOOR, SCOPE MINAR, LEKSHMI NAGAR, NEW DELHI-110 092. 4. MRF LTD., P.B.NO.2, VADAVATHOOR P.O., KOTTAYAM-10, REPRESENTED BY THE MANAGING DIRECTOR. ADV. SMT.T.N.GIRIJA, SC,EPF ORGANISATION FOR R1 & 2 SRI.S.CHANDRASENAN FOR R3 SRI.E.K.NANDAKUMAR FOR R4 SRI.A.K.JAYASANKAR NAMBIAR FOR R4 SRI.P.BENNY THOMAS FOR R4 SRI.P.GOPINATH FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC 31650/09 PETITIONER'S EXTS: EXT.P1: COPY OF ORDER NO.KR/22127/ENF.11(1)/2007/3999 DT.18.7.07. EXT.P2: COPY OF ORDER NO.KR/22127/ENF.11(1)/2007/8932 DT.6.9.07. EXT.P3: COPY OF JUDGMENT IN WPC.30206/07 DT.12.11.07 ISSUED BY THIS COURT. EXT.P4: COPY OF ORDER DT.21.8.09. EXT.P4(A): COPY OF ORDER IN WPC.15892/05 DT.6.6.05. EXT.P5: COPY OF LETTER DT.10.11.97 ISSUED BY THE MRF. LTD. EXT.P6: COPY OF CERTIFICATE OF DEDUCTION OF TAX AT SOURCE DT.9.4.97 FOR THE PERIOD 1.4.96 TO 31.3.97. EXT.P7: COPY OF CERTIFICATE OF DEDUCTIN OF TAX AT SOURCE DT.30.4.07 FOR THE PERIOD 1.4.06 TO 31.3.07. EXT.P8: COPY OF PAYMENT ADVICE DT.15.7.02. EXT.P9: COPY OF PAYMENT ADVICE DT.23.12.02. EXT.P10: COPY OF PAYMENT ADVICE DT.15.1.03. EXT.P11: COPY OF PAYMENT ADVICE DT.24.9.03. EXT.P12: COPY OF PAYMENT ADVICE DT.23.12.03. EXT.P13: COPY OF PAYMENT ADVICE DT.27.1.04. EXT.P14: COPY OF PAYMENT ADVICE DT.21.1.05. EXT.P15: COPY OF PAYMENT ADVICE DT.23.3.05. EXT.P16: COPY OF PAYMENT ADVICE DT.22.7.05. EXT.P17: COPY OF PAYMENT ADVICE DT.22.7.05. EXT.P18: COPY OF PAYMENT ADVICE DT.30.9.05. RESPONDENTS' EXTS: EXT.R1(A); COPY OF LETTER DT.24.11.05 OF THE PETITIONER. TRUE COPY P.A.TO JUDGE dsn P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 31650 OF 2009 -------------------------- Dated this the 20th day of October, 2011 J U D G M E N T Ext.P4 order passed by the Employees Provident Fund Appellate Tribunal partially waiving the condition regarding pre- deposit and directing the petitioner to deposit the sum of Rs.5,00,000/- is under challenge in this writ petition. 2. By an interim order passed by this Court on 29.3.2010 the said direction was stayed. This Court also directed the Appellate Tribunal to consider the appeal without insisting on pre-deposit and to dispose it of after affording the parties an opportunity of being heard. When the writ petition came up for hearing on 11.8.2011 on noticing that the Appellate Tribunal has not disposed of the appeal notwithstanding the direction issued by this Court on 29.3.2010, this Court directed the third respondent to file an affidavit explaining the reason why the appeal has not been heard and dispose of. Thereafter the writ petition stood posted on 23.9.2011. On that day Sri.S.Chandrasenan, learned counsel appearing for the third respondent submitted that the appeal was heard on 20th September, 2011 and orders would be passed shortly. An affidavit dated 19.9.2011 was also filed explaining the reason WPC No.31650/2009 2 why the appeal was not heard and disposed of though more than one year and six months had passed after this Court directed the appeal to be heard and disposed of. Taking note of the submission made by the learned counsel for the third respondent the hearing of the writ petition was adjourned to 10.10.2011 and thereafter to this day. Today, the learned counsel appearing for the third respondent submitted that orders have been passed on 20.9.2011 in the appeal filed by the petitioner from Exts.P1 and P2 orders. In such circumstances, no further orders are called for in the writ petition. The writ petition is accordingly dismissed as infructuous. P.N.RAVINDRAN, (JUDGE) vps WPC No.31650/2009 3 P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 31650 OF 2009 -------------------------- Dated this the 11th day of August, 2011 O R D E R Way back on 29.3.2010, this Court while passing the interim order staying the direction in Ext.P4 directed the Employees Provident Fund Appellate Tribunal, New Delhi to hear and dispose of the appeal, ATA No.403(7)/2009 filed by the petitioner notwithstanding the pendency of the writ petition without insisting on pre-deposit. The learned counsel appearing for the petitioner submitted that till date the Appellate Tribunal has not disposed of the appeal. In such circumstances, the third respondent is directed to file an affidavit stating whether as directed by this Court in the order passed on 29.3.2010 the appeal filed by the petitioner, ATA No.403(7)/2009 has been heard and disposed of. If the appeal has not been heard and diposed of, the third respondent shall file an affidavit within two weeks from the date of this order setting out the reason why the appeal has not been heard and disposed of notwithstanding the direction issued by this Curt. The interim order earlier granted shall continue to operate until further orders. Registry is directed to communicate a copy of this order to the third respondent forthwith. WPC No.31650/2009 4 Post after two weeks. P.N.RAVINDRAN, (JUDGE) vps