Kerala State Co-Operative Consumer Federation Limited v. Regional Provident Fund Commissioner

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 7TH DAY OF OCTOBER 2015/15TH ASWINA, 1937 WP(C).No. 30443 of 2015 (E) ---------------------------- PETITIONER(S):

----------------- KERALA STATE CO-OPERATIVE CONSUMER FEDERATION LIMITED GANDHI NAGAR, KERALA, KOCHI - 682 020.

REPRESENTED BY ITS MANAGING DIRECTOR DR.S.RATNAKUMARAN. BY ADVS.SRI.P.RAMAKRISHNAN SMT.PREETHI KESAVAN SRI.S.K.HARISH SRI.T.C.KRISHNA SRI.C.ANIL KUMAR SMT.ASHA K.SHENOY SRI.PRATAP ABRAHAM VARGHESE RESPONDENT(S):

------------------- 1.

REGIONAL PROVIDENT FUND COMMISSIONER SUB REGIONAL OFFICE, 36/685, BHAVISHYANIDHI BHAVAN KALOOR, KOCHI - 682 017.

2.

THE EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL SCOPE MINAR, LAXMI NAGAR DISTRICT CENTRE, DELHI - 110 092.

3.

THE ASSISTANT PROVIDENT FUND COMMISSIONER SUB REGIONAL OFFICE, 36/685, BHAVISHYANIDHI BHAVAN KALOOR, KOCHI - 682 017.

R1,2,3 BY ADV. DR.S.GOPAKUMARAN NAIR (SR.) R1,R2,R3 BY ADV. SRI.S.PRASANTH, SC, EMPLOYEES PROVIDENT FUND ORGANISATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX IN W.P.(C) No.30443 OF 2015 PETITIONER(S) EXHIBITS EXHIBIT P1 :

TRUE COPY OF ORDER DATED 22/5/2015 ISSUED BY THE THIRD RESPONDENT.

EXHIBIT P2 :

TRUE COPY OF THE ORDER ISSUED BY THE HONOURABLE SUPREME COURT IN W.P(C) NO.999/2014.

EXHIBIT P3 :

TRUE COPY OF THE MEMORANDUM OF APPEAL SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT TRIBUNAL.

EXHIBIT P4 :

TRUE COPY OF ORDER DATED 5/10/2015 ISSUED BY THE THIRD RESPONDENT.

RESPONDENT(S) EXHIBITS NIL.

//TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.30443 of 2015 --------------------- Dated this the 7th day of October, 2015

J U D G M E N T

The Southern Bench of the second respondent Appellate Tribunal is yet to commence sitting at Bangalore. It is only thereafter can Ext.P3 appeal and the interim applications therein filed against Ext.P1 order be considered.

2. Respondents 1 to 3 undertake that they will not pursue the recovery steps till the sitting of the Appellate Tribunal commences at Bangalore. Every endeavour shall be made by the Southern Bench of the Appellate Tribunal to consider the appeal and interim applications filed by the petitioner soon after the sitting commences.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj/07.10.15