IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 16TH OCTOBER 2009 / 24TH ASWINA 1931 WA.No. 2284 of 2009 --------------------- AGAINST THE ORDER IN WPC.24642/2009 DATED 16/09/09 .................... APPELLANTS/RESPONDENTS: ------------------------------- 1. ASSISTANT PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANISATION SUB REGIONAL OFFICE, 36/685 A, BHAVISHYANIDHI BHAVAN, KALOOR, KOCHI-17. 2. THE EMPLOYEES PROVIDENT FUND COMMISSIONER (CENTRAL) EMPLOYEES PROVIDENT FUND ORGANISATION HEAD OFFICE, BHAVISHYANIDHI BHAVAN, 14 BHIKAJI CAMA PLACE, NEW DELHI-110066. BY ADV. SRI.S.GOPAKUMARAN NAIR, SENIOR ADVOCATE SRI.M.CHANDRA BOSE RESPONDENT/PETITIONER: ----------------------------- JOHN.M.VARGHESE, MANAGING PARTNER, AIRPORT PUBLIC CANTEEN, AIRPORT POST, NEDUMBASSERY, ERNAKULAM DISTRICT, PIN-683 111. BY ADV. SRI.E.K. NANDAKUMAR THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 2284 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of October, 2009 JUDGMENT S.R.Bannurmath, C.J. Aggrieved by the interim order dated November 16, 2009 passed by the learned Single Judge directing the appellant herein to allot a separate code number to the petitioner's establishment apart from that of the Airport Authority, the present appeal is filed. 2. Taking into consideration the fact that this appeal is against an interim order which normally will not be interfered with by a Division Bench, as it is always open for the appellant to move the learned Single Judge either vacating the interim order or modifying the same. We do not think, the appeal has any merits. However, we make it clear that the interim order dated 16.09.09 passed by the learned Single Judge in WP(C) No.24642 of 2009 is subject to the result of the Writ Petition and without prejudice to WA No.2284 of 2009 -:2:- the contentions raised by the parties in the Writ Petition and Writ Appeal. We dispose of the Writ Appeal with the above observation. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb