IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 7TH JULY 2011 / 16TH ASHADHA 1933 WP(C).No. 18272 of 2011(H) ------------------------ PETITIONER : -------------------- MAHAVIR PLANTATIONS PVT. LTD., MAHAVIR HOUSE, MILNE ROAD, WILLINGDON ISLAND, COCHIN-682003, REPRESENTED BY ITS DIRECTOR, MR.LALU BHANSALI. BY ADVS. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH MENON RESPONDENT(S): ------------------------- 1. EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, SCOPE MINAR, CORE II, 4TH FLOOR, LAXMI NAGAR DISTRICT CENTRE, LAXMI NAGAR, NEW DELHI-110 092. 2. THE REGIONAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANIZATION, REGIONAL OFFICE, PATTOM, THIRUVANANTHAPURAM-695004. 3. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, REGIONAL OFFICE, PATTOM, THIRUVANANTHAPURAM-695004. BY ADVS. SRI. N.N. SUGUNAPALAN, SC SMT. T.N. GIRIJA, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 18272 of 2011(H) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF ORDER DATED 14.1.2009 ISSUED BY THE AAIFR IN THE APPEAL FILED BY THE PETITIONER. EXT.P2 : COPY OF ORDER DATED 26.05.2009 PASSED BY THIS HON'BLE COURT IN WP(C) NO. 9541 OF 2009. EXT.P3 : COPY OF JUDGMENT DATED 14.10.2010 PASSED BY THIS HON'BLE COURT IN WP(C) NO. 9541 OF 2009. EXT.P4 : COPY OF THE REPRESENTATION DATED 27.12.2010 FILED BY THE PETITIONER. EXT.P5 : COPY OF THE ORDER DATED 17.01.2011 ISSUED BY THE 3RD RESPONDENT. EXT.P6 : COPY OF THE ORDER DATED 22.02.2011 PASSED BY THIS HON'BLE COURT IN REVIEW PETITION NO. 998/2010 IN WPC 9541 OF 2009. EXT.P7 : COPY OF ORDER PASSED BY THE 1ST RESPONDENT IN THE PETITIONER'S APPEAL (IN ATA 289(7) 2011, DATED 15-4-2011. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 18272 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 7th day of July, 2011. J U D G M E N T The petitioner is challenging Ext. P7 order of the Employees Provident Fund Appellate Tribunal, wherein the Tribunal had directed the petitioner to deposit 30% of the assessed amount as a condition for entertaining the appeal. The contention of the petitioner is that the petitioner had earlier approached this court by filing W.P(C) No. 954/2009 and as per the interim orders in that case, the petitioner was paying the amounts at the rate of Rs. 5 lakhs per month and the total amount so paid is Rs. 66,80,015/- and that has not been taken into account while the Tribunal directed payment of 30% as pre- deposit for entertaining the appeal. 2. I have heard the learned senior counsel for the Provident Fund Organisation also. 3. It is not disputed before me that the petitioner had paid Rs.66,80,015/- out of the total amount in dispute in the appeal pending before the Tribunal. If that be so, I am of opinion that it is unjust to mulct the petitioner with the liability to pay 30% of the total amount more as pre-deposit. In the above circumstances, I dispose of this writ petition with the following directions: The petitioner shall pay instead of 30%, 10% as the amount to be pre-deposited for maintaining the appeal. This shall be done within one month. The petitioner shall pay the amount and produce proof of payment before the appellate authority within W.P(C) No. 18272 of 2011 -: 2 :- one month. On receipt of the same, the Tribunal shall consider the appeal on merits. Till then, The Tribunal shall not dismiss the appeal on the ground of non-compliance with Ext. P7 order. The Tribunal shall try to dispose of the appeal expeditiously. Sd/- S. Siri Jagan, Judge. Tds/