M.D. Esthappan vs The Regional Provident Fund ...
2022 Latest Caselaw 3471 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                     &
                   THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
          Tuesday, the 22nd day of March 2022 / 1st Chaithra, 1944
                             WA NO. 382 OF 2022

    AGAINST JUDGMENT DATED 21.02.2022 IN WP(C) 4601/2021 OF THIS COURT

                                   ---

APPELLANT/PETITIONER:

     M.D. ESTHAPPAN, PROPRIETOR, M/S.M.D.ESTHAPPAN, XIV/306, MOOLAN
     HOUSE, NEAR ST.JOSEPH HIGH SCHOOL, ANGAMALY, ERNAKULAM-683 572.

BY ADVS.M/S. K.T.THOMAS & MATHEW B. KURIAN

RESPONDENTS/RESPONDENTS:

  1. THE REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND
     ORGANIZATION, REGIONAL OFFICE, BHAVISHYA NIDHI BHAVAN, KALOOR,
     KOCHI-682 017.
  2. ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND
     ORGANIZATION, REGIONAL OFFICE, BHAVISHYA NIDHI BHAVAN, KALOOR,
     KOCHI-682 017.

BY STANDING COUNSEL SRI. THOMAS MATHEW NELLIMOOTTIL

     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay all further proceedings pursuant to the judgment dated 21.02.2022
in W.P.(C) No.4601/2021 of the learned Single Judge and Ext-P3 and P5
orders, pending disposal of the writ appeal.
     This Writ Appeal coming on for admission on 22.03.2022 upon perusing
the appeal memorandum, the court on the same day passed the following:

                                                                     P.T.O.
 EXT.P3:TRUE COPY OF THE ORDER DATED 1.2.2018

PASSED BY THE 2ND RESPONDENT.

EXT.P5:TRUE COPY OF THE ORDER DATED 10.2.2020

IN APPEAL NO.295 OF 2018.
                    ALEXANDER THOMAS & VIJU ABRAHAM, JJ.
                     .................................................................
                                      W.A.No.382 of 2022
                    [Arising out of judgment dated 21.02.2022 in W.P.(C) No.4601 of 2021]
                      .................................................................
                              Dated this the 22nd day of March, 2022

                                                 ORDER

Admit W.A.

2. Sri.Thomas Mathew Nellimoottil, learned Standing Counsel for

EPFO has taken notices for the respondents. The Registry will show the name

of the said learned Standing Counsel in the cause list. Service complete.

3. Sri.K.T.Thomas, learned counsel appearing for the appellant

submits that the impugned review order dismissing the review petition by the

2nd respondent has been passed without hearing the petitioner. Further that

the appellant is now more than 84 years of age and he is having serious

ailments and confined to home and is not in a position to pay off the claimed

principal amount of more than Rs.67 lakhs. Taking note of the above facts

and circumstances of the case, it is ordered in the interest of justice that

further coercive steps in pursuance of the impugned Exts.P3 & P5 orders

shall be kept in abeyance. This order will be in force for a period of three

months.

List the case on 15.06.2022.

Handover to both sides

Sd/-

ALEXANDER THOMAS, JUDGE

Sd/-

VIJU ABRAHAM, JUDGE cks

22-03-2022 /True Copy/ Assistant Registrar