IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN SATURDAY, THE 20TH AUGUST 2011 / 29TH SRAVANA 1933 WP(C).No. 15892 of 2005(P) ---------------------------------- PETITIONER(S): ------------------------ JYOTHI NIKETAN WOMEN'S COLLEGE REPRESENTED BY ITS DIRECTOR FR.DEVID KANDATHIL, JYOTHI NIKETAN, KOLLAM. BY ADV. SRI.K.KARTHIKEYA PANICKER SMT.DAYA K. PANICKER RESPONDENT(S): ------------------------ 1. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEE'S PROVIDENT FUND ORGANIZATION, BHAVISHYANIDHI BHAVAN, TRIVANDRUM. 2. THE REGISTRAR, EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, 7TH FLOOR, 60 SYLARK BUILDING, NEHRU PLACE, NEW DELHI-110 019. ADDL. R3 IMPLEADED. 3. UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF LABOUR MEW DELHI. *ADDL R3 IS IMPLEADED AS PER ORDER DT. 6.6.05 IN IA. 7620/05. R1 BY ADVS. SRI.N.N. SUGUNAPALAN, SC, P.F. SRI.S.SUJIN R3 BY ADV.SRI. AJITH KRISHNAN, ADDL.CGSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.15892 of 2005 ----------------------------------------- Dated this the 20th August, 2011 JUDGMENT This writ petition was filed mainly challenging an order passed by the Employees Provident Fund Appellate Tribunal directing the petitioner to deposit 50% of the amount assessed by way of pre deposit for the purpose of entertaining an appeal filed from Ext.P9 order passed under section 7A of the Employees Provident Funds and Miscellaneous Provisions Act, 1952. It is conceded at the Bar that pursuant to the interim order passed by this Court, the Appellate Tribunal considered and disposed of the appeal itself without insisting on any pre deposit. The order thus passed by the Appellate Tribunal and the original order passed by the first respondent are under challenge in W.P(C)No.1633 of 2011. In such circumstances this writ petition has practically become infructuous. It is accordingly dismissed as infructuous without prejudice to the right of the petitioner to prosecute W.P(C)No.1633 of 2011. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.15892 of 2005 ---------------------------- JUDGMENT 20th August, 2011