High Court of KeralaWP(C)/26404/2009dismissed

Basheerkutty v. Employees Provident Fund Appellate Trib

2015-03-18Honourable Mr.Justice K.Vinod Chandran3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 18TH DAY OF MARCH 2015/27TH PHALGUNA, 1936 WP(C).No. 26404 of 2009 (U) ---------------------------- PETITIONER(S):

-------------------------- BASHEER KUTTY, S/O.MEERAN KUTTY PROPRIETOR, M/S.S.A.CASHEW FACTORY, MUTTAKAVU NEDUMPANA P.O., KOLLAM.

BY ADV. SRI.ANIL NARAYANAN RESPONDENT(S):

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

1. EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, CORE-2, 4TH FLOOR SCOPE MINAR, LAXMI NAGAR, NEW DELHI-1100092.

2. THE EMPLOYEES PROVIDENT FUND ORGANIZATION, SUB REGIONAL OFFICE, OLD MUNICIPAL OFFICE BUILDING, KOLLAM, REPRESENTED BY THE REGIONAL PROVIDENT FUND COMMISSIONER.

3. ASSISTANT PROVIDENT FUND COMMISSIONER, THE EMPLOYEES PROVIDENT FUND ORGANIZATION SUB REGIONAL OFFICE, OLD MUNICIPAL OFFICE BUILDING KOLLAM.

BY SRI.V.V.SURESH,SC,EPF.ORGANISATION THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 26404 of 2009 (U) APPENDIX EXHIBITS P1TRUE COPY OF THE APPEAL FILED BY THE PETITIONER FOR THE 1ST RESPONDENT UNDER SECTION 7 I DATED 18.3.2008 P2TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED BY THE RECOVERY OFFICER DATED 26.8.2009 P3TRUE COPY OF THE APPLICATION FOR RESTORATION FILED BY THE PETITIONER DATED 22.9.2009 //True Copy// P.S. To Judge

K.VINOD CHANDRAN, J - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 26404 of 2009 - - - - - - - - - - - - - - - - Dated 18th March, 2015 - - - - - - - - - - - - - - - - - - - - - - - -

JUDGMENT

The above writ petition was filed challenging the coercive proceedings initiated during the pendency of an appeal filed under Section 7 (1) of the Employees Provident Fund and Miscellaneous Provisions Act, 1952. Even as on 25.09.2009, this Court has recorded the submission of the learned Standing Counsel appearing for the Organization that the appeal had been dismissed. There was no appearance for the petitioner when the matter was taken up today.

The writ petition hence, would stand dismissed.

Sd/- K.VINOD CHANDRAN Judge Mrcs