M/S Tasty Nuts Industries vs The Central Board Of Trustees
2024 Latest Caselaw 28014 Ker

Kerala High Court

M/S Tasty Nuts Industries vs The Central Board Of Trustees on 23 September, 2024

Author: Amit Rawal

Bench: Amit Rawal

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                     THE HONOURABLE MR. JUSTICE AMIT RAWAL
                                       &
                     THE HONOURABLE MR. JUSTICE EASWARAN S.
          Monday, the 23rd day of September 2024 / 1st Aswina, 1946
                             WA NO. 1247 OF 2024
    AGAINST JUDGMENT DATED 09.07.2024 IN WP(C) 17501/2015 OF THIS COURT
APPELLANT(S)/1ST RESPONDENT IN WP(C):

     M/S TASTY NUTS INDUSTRIES, REPRESENTED BY THE MANAGING PARTNER
     MUHAMMED NOUFAL, K.P. ROAD, KILIKOLLUR, KOLLAM , PIN - 691004

BY ADV.B.MOHANLAL


RESPONDENT(S)/PETITIONER AND 2ND RESPONDENT IN WP(C):


  1. THE CENTRAL BOARD OF TRUSTEES, EMPLOYEES PROVIDENT FUND
     ORGANISATION, REPRESENTED BY THE ASSISTANT PROVIDENT FUND
     COMMISSIONER, SUB REGIONAL OFFICE, CHINNAKADA, KOLLAM, PIN - 691001
  2. THE EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL DELHI, PIN - 110001

BY ADVS.M/S.PIRAPPANCODE V.S.SUDHIR , AKASH S., GIRISH KUMAR M S & RICHU
THERESA FOR R1

     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 impugned Judgment of the
Learned Single Judge in W.P.(C)No: 17501/2015 dated 09/07/2024 till the
disposal of this Writ Appeal.
     This Writ Appeal coming on for orders along with connected cases on
23/09/2024 upon perusing the appeal memorandum, the court on the same day
passed the following:
                        AMIT RAWAL & EASWARAN S, JJ.
                       -------------------------------------------------------
                          WA No.1246, 1247, 1379 of 2024
                         ----------------------------------------------------
                    Dated this the 23rd day of September, 2024

                                           ORDER

Amit Rawal, J.

Mr.B.Mohanlal, inter alia submits that the appellate

Tribunal set aside the order passed under Section 7A of the Act

on the premise that the appellants were not given proper

opportunity whereas the aforementioned order was assailed in

this Court through the writ petition on behalf of the Central

Board of Trustees and others. Not only the objection with

regard to the maintainability but as far as the illegality of the

order was also assailed on the premise that the inspection done

by the Enforcement officer and the report submitted thereon to

the enquiry officer had not seen the light of the day nor was

supplied to the establishment for perusal.

Issue notice before admission to the 2 nd respondent.

Sri. Pirappancode V.S Sudhir accepts notice. In the meantime,

there shall be an interim stay of the judgment under appeal.

Post on 20.11.2024.

SD/-

AMIT RAWAL, JUDGE

SD/-

EASWARAN S, JUDGE

sab

23-09-2024 /True Copy/ Assistant Registrar