IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY SATURDAY, THE 19TH NOVEMBER 2011 / 28TH KARTHIKA 1933 WP(C).No. 33231 of 2005(F) -------------------------------------- PETITIONER: ------------------- MAIKAD TILE WORKS, MAIKAD P.O., ALUVA, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADVS. SRI.E.K.NANDAKUMAR, SRI.A.K.JAYASANKAR NAMBIAR, SRI.K.JOHN MATHAI. RESPONDENTS: ------------------------ 1. EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, NEW DELHI. 2. ASST.PROVIDENT FUND COMMISSIONER, EMPLOYEES' PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, KALOOR, COCHIN-682 017. 3. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GOVERNMENT OF INDIA, NEW DELHI. R2 BY ADV. SRI.S.GOPAKUMARAN NAIR, SC, E.P.F, R3 BY SRI.P.M.POULOSE, ADDL.CGSC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.33231/2005-F: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE COMMUNICATION DTD. 21/01/2003 ISSUED FROM THE OFFICE OF THE R.2. TO THE PETITIONER. EXT.P.2: COPY OF THE BALANCE-SHEET AND PROFIT AND LOSS ACCOUNT FOR THE YEAR ENDING 31/03/2002. EXT.P.3: COPY OF THE ORDER DTD. 06/12/2000 ISSUED BY THE R.2. TO THE PETITIONER. EXT.P.4: COPY OF THE COMMUNICATION DTD. 22/10/2002 RECEIVED FROM THE R.2. TO THE PETITIONER. EXT.P.5: COPY OF THE ORDER DTD. 28/10/2004 FROM THE R.2. TO THE PETITIONER. EXT.P.6: COPY OF THE ORDER DTD. 24/12/2004 OF THE R.1. EXT.P.7: COPY OF THE COMMUNICATION DTD. 28/06/2005 ISSUED BY THE R.2. TO THE PETITIONER. EXT.P.8: COPY OF THE ORDER DTD. 11/07/05 ISSUED BY THE R.2. TO THE PETITIONER. EXT.P.9: COPY OF THE MEMORANDUM OF APPEAL WITHOUT ANNEXURES FILED BEFORE THE R.1. BY THE PETITIONER DTD. 14TH SEPTEMBER, 2005. EXT.P.10: COPY OF THE ORDER OF THE R.1. DTD. 27/09/05. RESPONDENTS' EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. B.P. RAY, J. - - - - - - - - - - - - - - - - - W.P.(C) No. 33231 of 2005 - - - - - - - - - - - - - - - - Dated this the 19th day of November, 2011. JUDGMENT Heard the learned counsel for the petitioner. 2. In this petition filed under Article 226 of the Constitution of India, the petitioner challenges Ext.P10 order passed by the Employees Provident Fund Appellate Tribunal, New Delhi. Being aggrieved by the order levying damages from the petitioner under Section 143 of the Employees Provident Fund and Miscellaneous Provisions Act, the petitioner filed an appeal before the first respondent. The first respondent dismissed the appeal in limine on the ground that the plea of financial difficulty was not raised before the 2nd respondent. It is the said order which is assailed in this writ petition. 3. The learned counsel for the petitioner submits that in pursuance to the interim order passed by this Court on 06.12.2005, the petitioner has paid `25,000/- and another sum of `10,000/- will be paid within one month from today. The learned counsel for the 2nd respondent submits that the 2nd respondent is satisfied with the same. W.P.(C). No33231/2005. -:2:- 4. In view of the above submission, I dispose of the writ petition with a direction that the petitioner shall pay `10,000/- (Rupees ten thousand only) by demand draft (account payee) payable in the name of second respondent within one month from today. This writ petition is disposed of as above. sd/- B.P. RAY, JUDGE. rv W.P.(C). No33231/2005. -:3:-