Union Of India vs C.V. Balakrishnan
2023 Latest Caselaw 2938 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE S.V.BHATTI
                                    &
                 THE HONOURABLE MR.JUSTICE BASANT BALAJI
          Monday, the 13th day of March 2023 / 22nd Phalguna, 1944
                             WA NO. 2345 OF 2017

   AGAINST THE JUDGMENT DATED 13/07/2017 IN WPC 1827/2009 OF THIS COURT




APPELLANTS/RESPONDENTS 1, 2 & 3:

  1. UNION OF INDIA, REPRESENTED BY THE CENTRAL PROVIDENT FUND
     COMMISSIONER, NEW DELHI -110001
  2. REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND
     ORGANIZATION (EPFO),ERNHIPALAM, KOZHIKODE.
  3. THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND,
     KANNUR-2

BY SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE ALONG WITH SRI.S.SUJIN, STANDING
COUNSEL

RESPONDENTS/PETITIONERS AND RESPONDENT NO.4:

  1. C.V. BALAKRISHNAN, S/O. KRISHNAN, GURUKKAL,'LAKSHMI' THAYINERI,
     PAYYANNUR PIN-670307
  2. E.KRISHNAN, S/O. RAMAPODUVAL, AGED 69 YEARS, EDICHERY HOUSE, ANNUR
     PO., PAYYANNUR PIN-670332
  3. THE PAYYANNUR CO-OPERATIVE STORES LTD., PAYYANNUR PIN-670307


     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 the operation and implementation of the Judgment of the Learned
Single Judge dated 13/07/2017 in WP(C) No.1827/2009 pending disposal of
the above Writ Appeal.


     This Writ Appeal coming on for orders on 13/03/2023, upon perusing
the appeal memorandum, the Court on the same day passed the following.
                                       S.V.BHATTI &
                                  BASANT BALAJI, JJ
                  ---------------------------------------
                                   W.A. No.2345 of 2017
                 -- -------------------------------------
                                        ORDER

(Dated: 13th March, 2023)

S.V.Bhatti, J.

Having heard the parties for some time, we notice that the 3rd

respondent/Society is not represented by counsel. Considering the

controversy between the parties and the reliefs prayed for, we are of the

view that the presence of the society is proper and necessary. We permit

the counsel for the appellant to take out notice to the 3rd respondent by

special messenger.

This order should also be handed over by the special messenger to

the society.

Post on 20.03.2023.

Hand over copy to the parties.

Sd/-

S.V.BHATTI, JUDGE

Sd/-

BASANT BALAJI, JUDGE ss