Centre For Management Development v. Employees Provident Fund Appellate

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 19TH DAY OF MARCH 2015/28TH PHALGUNA, 1936 WP(C).No. 17771 of 2010 (V) ---------------------------- PETITIONER(S):

--------------------- CENTRE FOR MANAGEMENT DEVELOPMENT REPRESENTED BY THE DIRECTOR, DR.G.SURESH, THYCAUD THIRUVANANTHAPURAM-14.

BY ADVS.SRI.P.GOPALAKRISHNAN NAIR SRI.LIJU.V.STEPHEN RESPONDENT(S):

----------------------------

1. EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, NEW DELHI.

2. REGIONAL PROVIDENT FUND COMMISSIONER BHAVISHYANIDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM.

3. ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION BHAVISHYANIDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM.

4. RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND ORGANISATION, BHAVISHYANIDHI BHAVAN, PATTOM THIRUVANANTHAPURAM.

R,R2 TO 4 BY ADV. SRI.N.N. SUGUNAPALAN, SC, P.F. R,R1 TO 4 BY ADV. SMT.T.N.GIRIJA, SC,EPF ORGANISATION THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 17771 of 2010 (V) --------------------------------------- APPENDIX PETITIONERS EXHIBITS:

EXT.P1 COPY OF THE ORDER NO. KR/12861/RO/TVM/PD/B/R.S/2003/DATED 11.9.03.

EXT.P2 COPY OF THE MEMORANDUM OF APPEAL FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 30.9.03. EXT.P3 COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) NO.6916/06 DATED 9.3.06.

EXT.P4 COPY OF THE ORDER IN ATA NO.709(7)2003 OF THE 1ST RESPONDENT. DATED 16.3.10.

RESPONDENTS EXHIBITS:

NIL // TRUE COPY // P.A to Judge SB

K. VINOD CHANDRAN, J.

===================== W.P.(C) No.17771 of 2010 - V ====================== Dated this the 19th day of March, 2015

J U D G M E N T

The petitioner approached this Court with the above writ petition at the time of recovery initiated for amounts determined and remaining due under Section 14B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (for brevity, 'EPF & MP Act'). The learned Standing Counsel submits that an appeal was filed and the same was dismissed and there is no challenge against the appellate order.

In such circumstance, nothing survives in the writ petition and the writ petition would stand dismissed. Sd/- K. VINOD CHANDRAN, JUDGE SB // true copy // P.A to Judge