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 AUGUST 2011 / 27TH SRAVANA 1933 RP.No. 473 of 2011() -------------------- AGAINST THE JUDGEMENT/ORDER IN WA.103/2011 DATED 14/02/2011 .................... REVIEW PETITIONER(S): /RESPONDENT NO.1 ---------------------- THE ASSISTANT PROVIDENT FUND COMMISSIONER,EMPLOYEES' PROVIDENT FUND ORGANISATION, PATTOM,THIRUVANANTHAPURAM - 695 004. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SMT.T.N.GIRIJA, SC,EPF ORGANISATION RESPONDENT(S): / APPELLANTS/ RESPONDENTS 2 & 3 --------------- 1. P.GOPINATHA PANICKER,MANAGING DIRECTOR M/S.P.N.M HOSPITAL, KATTAKKADA, THIRUVANANTHAPURAM, PIN - 695 572. 2. THE EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL,NEW DELHI - 110 001. 3. THE RECOVERY OFFICER, EMPLOYEES' PROVIDENT FUND ORGANISATION, PATTOM, THIRUVANANTHAPURAM - 6 95 004. MR.GOPAKUMAR R.THALIYAL FOR RESPONDENT THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 18/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. .................................................................... R.P.No.473 of 2011 in W.A. No.103 of 2011 .................................................................... Dated this the 18th day of August, 2011. O R D E R Ramachandran Nair, J. This Review Petition is filed against the conditional cancellation of damages on payment of arrears of Provident Fund in instalments. During hearing of the review petition, it is submitted by the learned counsel for the review petitioner that the respondent has not complied with the judgment by making payment and so much so they forfeited the benefit granted by way of waiver of damages. Therefore, the Review Petition has become infructuous and it is dismissed leaving freedom to the petitioner to recover entire amount including damages. (C.N.RAMACHANDRAN NAIR, JUDGE) (BHABANI PRASAD RAY, JUDGE) jg