IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 29TH JULY 2011 / 7TH SRAVANA 1933 WP(C).No. 20430 of 2011(C) ----------------------------------------- PETITIONER(S): ------------------------- KERALA STATE EX-SERVICEMEN DEVELOPMENT ORGANIZATION, MANGALAM LANE, SASTAMANGALAM, THIRUVANANTHAPURAM, REPRESENTED BY ITS DIRECTOR. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENT(S): ----------------------------- 1. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, REGIONAL OFFICE, PATTOM, THIRUVANANTHAPURAM-695 004. 2. THE EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, SCOPE MINAR, CORE II, 4TH FLOOR, LAKSHMI NAGAR DISTRICT CENTRE, NEW DELHI-110 093. R1 & R2 BY ADV. SRI. T.N.GIRIJA, SC, EPF THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.20430/2011 C APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF ORDER DTD. 19/11/08 ISSUED BY THE 1ST RESPONDENT. P2: COPY OF ORDER DTD. 31/05/2010 PASSED BY THE 2ND RESPONDENT IN ATA NO.880(7) 2008. P3: COPY OF CHALAN, EVINCING DEPOSIT OF RS.3,19,169/-. P4: COPY OF ORDER DTD. 21/05/2010 ISSUED BY THE 1ST RESPONDENT. P5: COPY OF ORDER DTD. 01/03/2011 PASSED BY THE 2ND RESPONDENT. RESPONDENTS' ANNEXURE: ANNEX.1: COPY OF APPEAL MEMORANDUM (ATA NO.532(7)/2010) AND PETITION FOR WAIVER FILED BEFORE THE 2ND RESPONDENT. /TRUE COPY/ P.S.TO JUDGE Kss P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.20430 of 2011 ------------------------------- Dated this the 29th day of July, 2011 J U D G M E N T Ext.P5 order passed by the Employees' Provident Fund Appellate Tribunal directing the petitioner to deposit 40% of the amount assessed as per Ext.P4 order by way of pre-deposit is under challenge in this writ petition. The main contention raised by the petitioner is that Ext.P5 order has been issued without application of mind and is a non speaking order and therefore it is liable to be set aside. 2. The materials on record disclose that on an earlier occasion, when Ext.P1 order was passed and the order was subjected to challenge, the Appellate Tribunal had by Ext.P2 order directed the very same petitioner to deposit 30% of the amount assessed. The order now impugned in the instant writ petition is Ext.P5 which was passed following the same reasoning as given in Ext.P2. Though the same reasons are stated by the appellate authority in Exts.P5 and P2, it directed deposit of 40% of the amount assessed as pre-deposit in the impugned order. Having regard to the fact that the Tribunal had on an earlier occasion directed deposit of 30% of the amount W.P.(C) No.20430 of 2011 2 assessed, the Tribunal ought to have in the instant case also directed deposit of only 30% of the amount assessed, it is contended. The learned standing counsel for the Employees' Provident Fund Appellate Tribunal did not seriously oppose the said submission. In my opinion, as the petitioner has not challenged Ext.P2 and had complied with the direction to deposit 30% of the amount assessed, the very same direction can be issued in the instant case also. I accordingly allow the writ petition and direct that in the event of the petitioner depositing 30% of the amount assessed as per Ext.P4 as pre-deposit within one month from today, the deposit of the balance amount shall stand waived and the recovery shall be kept in abeyance. Upon the petitioner depositing 30% of the amount assessed before the first respondent and producing proof of such payment before the Employees' Provident Fund Appellate Tribunal, the Tribunal shall entertain the appeal and dispose it of on the merits, after affording both sides an opportunity of being heard, expeditiously and in any event within four months from the date of deposit of the amount. In view of the fact that the issue involved in the appeal in which Ext.P2 order was passed and in the appeal in which Ext.P5 W.P.(C) No.20430 of 2011 3 order was passed is one and the same, the Tribunal shall endeavour to dispose of both the appeals simultaneously. P.N. RAVINDRAN, JUDGE. nj.