M/S. Foam Mattings (India) Ltd vs The Board Of Trustees
2023 Latest Caselaw 6794 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
     TUESDAY, THE 20TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945
                           RP NO. 547 OF 2023
     [AGAINST JUDGMENT DATED 5.4.2023 IN WP(C) No.11687/2023]
REVIEW PETITIONER/PETITIONER:

          M/S. FOAM MATTINGS (INDIA) LTD.
          (A GOVT. OF KERALA UNDERTAKING) BEACH ROAD, ALAPPUZHA
          REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 688012
          BY ADV LATHA ANAND


RESPONDENTS/RESPONDENTS:

    1     THE BOARD OF TRUSTEES
          EMPLOYEES PROVIDENT FUND ORGANIZATION, BHAVISHYANIDHI
          BHAVAN, BHIKAIJI CAMA PLACE NEW DELHI- 110 066
          REPRESENTED BY ITS SECRETARY, PIN - 110066
    2     ASSISTANT PROVIDENT FUND COMMISSIONER
          EMPLOYEES PROVIDENT FUND ORGANIZATION, REGIONAL OFFICE,
          KOCHI, KALOOR, KOCHI, PIN - 682017
    3     THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR
          COURT,ERNAKULAM KERALA STATE HOUSING BOARD, PANAMBILLY
          NAGAR, ERNAKULAM REPRESENTED BY ITS PRESIDING OFFICER,
          PIN - 682036
          BY ADVS.

          FOR R1 AND R2 BY SHRI.S.PRASANTH, STANDING COUNSEL.


     THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 05.06.2023,
THE COURT ON 20.06.2023 PASSED THE FOLLOWING:
 R.P.No.547/23 in WP© 11687/23        2




                                 ORDER

This Petition is submitted by the petitioner

in the above Writ Petition for reviewing the

judgment passed by this Court in the said writ

petition.

2. The prayer sought for in the aforesaid

writ petition was against Exhibit P1 order

passed by the 2nd respondent by which an amount

of Rs.14,67,089/- was fixed as damages for the

belated remittance made by the petitioner

towards the contribution to the Employees

Provident Fund Organization. The petitioner has

already challenged the said order before the 3rd

respondent-appellate authority by way of appeal

which is produced as Exhibit P2. Along with the

appeal, the stay of proceedings was also sought

for by filing Exhibit P3 application before the

3rd respondent-appellate authority. However, as

the post of the Presiding Officer of the 3rd

respondent is lying vacant from May,2022, the

petitioner was unable to move the said

application for stay before the 3rd respondent.

The Writ Petition was filed in such

circumstances.

3. However, it was pointed out that, when

the writ petition came up for consideration

before this Court on 5.4.2023, the said case was

taken up along with WP(C)No.11667/2023, wherein

the petitioner sought for installment facility

for the payment of the contribution payable to

the Employees Provident Fund Organization. Even

though, the prayer sought by the petitioner in

this Writ Petition was allowed, while issuing

the copy of the judgment, it was noticed that,

some mix-up has occurred with the judgment in

WP(C) No.11667/2023 and the relief granted to

the petitioner was by way of permitting the

petitioner to pay the arrears in installment.

Therefore, it is pointed out that, there is a

patent error in the judgment. There was a

deviation from the judgment dictated in the open

court and the judgment delivered to them. The

Review Petition was submitted in such

circumstances.

4. I have gone through the records and on

verification of the same, it is found that, the

contention put forward by the learned counsel

for the petitioner is correct. Therefore, the

judgment in WP(C) No.11687/2023 dated 5.4.2023

is recalled and the Writ Petition is restored

back to file.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE pkk