IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 18TH NOVEMBER 2010 / 27TH KARTHIKA 1932 WA.No. 841 of 2010() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.22157/2009 Dated 05/08/2009 .................... APPELLANT/2ND RESPONDENT ---------------------------- THE REGIONAL PROVIDENT FUND COMMISSIONER II, EMPLOYEES PROVIDENT FUND ORGANISATION, SUB REGIONAL OFFICE, KOLLAM. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENTS/PETITIONERS & IST RESPONDENT ------------------------------------------- 1. M/S.A.S.CASHEW EXPORTERS, AMBALATHUMKALA, KOTTARAKKARA, REPRESENTED BY ITS PROPRIETOR, ABDUL SALAM. 2. M/S.TASTY NUT INDUSTRIES, EXPORTERS, AMD IMPORTERS, K.P.ROAD, KILIKOLLUR, KOLLAM, REPRESENTED BY S.MOHAMMED NOUFAL. 3. THE EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, NEW DELHI.(*) (3RD RESPONDENT IS DELETED FROM PARTY ARRAY AS PER ORDER DT.8.11.2010 IN C.M. APPLN. NO.410/2010.) THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. .................................................................... Writ Appeal No.841 of 2010 .................................................................... Dated this the 18th day of November, 2010. JUDGMENT Ramachandran Nair, J. Appeal is filed against judgment of the learned Single Judge relegating the respondents to the Tribunal for getting relief in appeal. Appellant's case is that appeal itself is not maintainable and what was challenged before the Tribunal is a notice. Respondents' counsel submitted that they are withdrawing the appeal filed before the Tribunal. In view of this submission, the direction issued by the learned Single Judge against the appellant from passing orders is not tenable. Writ Appeal is therefore allowed vacating the judgment of the learned Single Judge and leaving freedom to the appellant to pass statutory orders after giving opportunity to the respondents. C.N.RAMACHANDRAN NAIR Judge BHABANI PRASAD RAY Judge pms