City Super Market vs Union Of India
2022 Latest Caselaw 9342 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

       THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

                                   &

             THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

    WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944

                         WA NO. 1053 OF 2022

AGAINST THE JUDGMENT DATED 08.07.2022 IN WP(C).NO. 21476/2022 OF

                         HIGH COURT OF KERALA

APPELLANT/PETITIONER:

             CITY SUPER MARKET, CITY CENTRE, THRISSUR - 680001,
             REPRESENTED BY ITS MANAGING PARTNER, SALIH C.A AGED 54
             YEARS, S/O ABDU C.A, CHANDANAPARAMBIL HOUSE, KARAKKAD
             P.O, GURUVAYUR, THRISSUR -680 101


             BY ADVS.
             SRI.AAMIR SOHRAB M. M.
             SRI.E.ADITHYAN
             SRI.MATHEWS M BABY


RESPONDENTS/RESPONDENTS:

1            UNION OF INDIA, MINISTRY OF LABOUR AND EMPLOYMENT,
             REPRESENTED BY ITS SECRETARY, 49, SHRAM SHAKTI BHAWAN,
             RAFI MARG, NEW DELHI - 110001.


2            EMPLOYEES' PROVIDENT FUND ORGANIZATION, BHAVISHYA
             NIDHI BHAWAN, 14, BHIKAJI CAMA PALACE, NEW DELHI -
             110066, REPRESENTED BY THE ASSISTANT P.F COMMISSIONER,
             DISTRICT OFFICE, THRISSUR, 2ND FLOOR, DELMA COMPLEX,
             SHORANUR ROAD, ROUND NORTH, THRISSUR, KERALA - 680022.


3            ASSISTANT P.F COMMISSIONER, DISTRICT OFFICE, THRISSUR,
             2ND FLOOR, DELMA COMPLEX, SHORANUR ROAD, ROUND NORTH,
             THRISSUR, KERALA - 680022.


             BY ADV.SRI.SAJEEV KUMAR K.GOPAL
             BY ADV.SRI.MANU S, ASG OF INDIA
             BY ADV.SRI.JOHN MANI V., SC


      THIS    WRIT   APPEAL   HAVING   COME    UP   FOR   ADMISSION   ON

10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                     :2:
W.A.No.1053 of 2022




                              JUDGMENT

Mohammed Nias C.P., J.

The Writ Appeal is filed challenging the judgment of the learned

Single Judge dated 08.07.2022 in WP(C).No.21476 of 2022 that was

filed challenging Ext.P1 notice. The learned Single Judge found that

after the issuance of Ext.P1 notice by the 3 rd respondent, no orders

have been passed. We find that to Ext.P1 notice, the appellant had filed

Ext.P3 reply and it is for the 3 rd respondent to consider the contentions

raised in Ext.P3 to take further course of action. We find nothing wrong

in the judgment of the learned Single Judge.

2. The Writ Appeal is dismissed without prejudice to the right of

the appellant to pursue the matter before the 3 rd respondent and a

further direction to the 3rd respondent to consider Ext.P3 reply send by

the appellant to Ext.P1 notice issued to him and pass orders thereon,

after hearing the appellant, within one month from the date of receipt

of a copy of this judgment.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

Sd/-

MOHAMMED NIAS C.P.

JUDGE

mns