Aisha Anirudhan vs The Assistant Provident Fund ...
2021 Latest Caselaw 11970 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

         THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

                              &

              THE HONOURABLE MR.JUSTICE K. BABU

TUESDAY, THE 13TH DAY OF APRIL 2021 / 23RD CHAITHRA, 1943

                      WA.No.648 OF 2021

 AGAINST THE JUDGMENT IN WP(C) 8510/2021 DATED 31.03.2021
                 OF HIGH COURT OF KERALA


APPELLANT/PETITIONER:

             AISHA ANIRUDHAN,
             PROPRIETRESS, ENVISION SUPPORT SERVICES,
             CC 36/992, SENJI PLAZA, OPPOSITE LISIE
             HOSPITAL, LISIE JN., KOCHI 682 018.

             BY ADVS.
             SRI.S.ANIL KUMAR (TRIVANDRUM)
             SHRI.RAHUL A.
             SMT.APARNA ANIL

RESPONDENTS/RESPONDENTS:

     1       THE ASSISTANT PROVIDENT FUND COMMISSIONER
             (COMPLIANCE), EMPLOYEES PROVIDENT FUND
             ORGANIZATION, (MINISTRY OF LABOUR, GOVERNMENT
             OF INDIA), R.O. BHAVISHYANIDHI BHAVAN, KALOOR,
             KOCHI 682 017.

     2       THE REGIONAL PROVIDENT FUND COMMISSIONER -11
             AND RECOVERY OFFICER, EMPLOYEES PROVIDENT FUND
             ORGANIZATION, (MINISTRY OF LABOUR, GOVERNMENT
             OF INDIA), R.O. BHAVISHYANIDHI BHAVAN, KALOOR,
             KOCHI 682 017.
 W.A.No.648 of 2021                  2



       3      THE CENTRAL INDUSTRIAL TRIBUNAL-CUM-LABOUR
              COURT, KARSHAKA ROAD, ERNAKULAM.


              SRI.SAJEEV KUMAR. K.GOPAL SC

      THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
13.04.2021,     THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.A.No.648 of 2021                      3




                 P.B.SURESH KUMAR & K.BABU, JJ.
                -----------------------------------------------
                     Writ Appeal No.648 of 2021
                -----------------------------------------------
              Dated this the 13th day of April, 2021.


                             JUDGMENT

P.B.Suresh Kumar, J.

An order passed under Section 7A of the Employees'

Provident Funds and Miscellaneous Provisions Act, 1952 has been

challenged by the petitioner in Appeal No.68 of 2020 before the

Central Government Industrial Tribunal-cum-Labour Court,

Ernakulam. Along with the appeal, the petitioner preferred an

interlocutory application for waiver of pre-deposit of the amount

covered by the order impugned in the appeal. In the said

interlocutory application, the Tribunal directed payment of 50% of

the amount demanded within three weeks. The petitioner filed

I.A.No.16 of 2021 in the appeal thereupon, seeking review of the

order passed in the application preferred for wavier of pre-deposit.

The said interlocutory application was dismissed by the Tribunal. The

petitioner challenged the order dismissing the review petition in the

writ petition. The learned Single Judge took the view that in the

absence of any power for the Tribunal to review its orders, the

Tribunal cannot be found fault with for having dismissed the review

petition. Despite the said finding, the writ petition was disposed by

the learned Single Judge permitting the petitioner to make the pre-

deposit in two equal monthly instalments, one on 20.04.2021 and

the other on 20.05.2021. It is this judgment that is impugned in this

writ appeal.

2. Heard the learned counsel for the appellant as also

the learned Standing Counsel for the Provident Fund organization.

3. We do not find any infirmity in the view taken by the

learned Single Judge that in the absence of any power, the Tribunal

cannot be found fault with for having dismissed the application

preferred by the petitioner for review of the order passed on the

application for wavier of pre-deposit. Nevertheless, having regard to

the submission made by the learned counsel for the appellant that

the businesses of the appellant comes to a standstill on account of

the pandemic Covid-19 and she is unable to raise the funds required

for making the pre-deposit, we deem it appropriate to dispose of the

appeal permitting the appellant to make the pre-deposit ordered by

the Tribunal in four equal monthly instalments commencing from

30.4.2021. Ordered accordingly. It is made clear that if the appellant

commits default in payment of any one of the instalments, the entire

pre-deposit ordered would become payable at once.

Sd/-

P.B.SURESH KUMAR, JUDGE

Sd/-

K.BABU, JUDGE.

tgs

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1          COPY OF THE COMMON ORDER DATED
                     21.01.2021 ISSUED BY THE 3RD
                     RESPONDENT ON EXT. P6 AND P7
                     APPLICATIONS.