Dr.Aravindan vs Assistant Provident Fund Commissioner &

Type Court Judgment Court Kerala Decided Jun 02, 2023

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https://sooperkanoon.com/case/1395772

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Citation: sooperkanoon.com/1395772
Court: Kerala High Court
Judge: Honourable Mr. Justice Amit Rawal
Decided On: Jun 02, 2023
Case Number: WP(C)/30131/2011

Parties & Advocates

Appellant / Petitioner

Dr.Aravindan

Respondent

Assistant Provident Fund Commissioner &

Excerpt

.....the court on the same day delivered the following:j u d g m e n tagainst the order of the assessing authority dated 11.4.2007, ext.p3, petitioner preferred appeal before the tribunal as ata no.629(7)/2007, which was dismissed in default vide order ext.p6 dated 7.4.2010, in the following manner:“the date of hearing was notified to the parties for hearing on admission of appeal. however, no one appeared on behalf of the appellant. it appears that the appellant is not interested to pursue the appeal. hence ordered, the appeal is dismissed for default. copy of order be sent to the parties and the file be consigned to record room.”2. learned counsel for the petitioner submitted that the petitioner did not have any chance to appear before the appellate tribunal.3. in view of the above, the aforementionedorder ext.p6 dated 7.4.2010 is set aside subject tothe condition that the petitioner shall plant ten trees in the coming monsoon as costs in restoring the appeal, ata no.629(7)/2007, to file. the appellate tribunal, ernakulam bench is directed to decide the appeal, ata no.629(7)/2007, in accordance with law, as expeditiously as possible, at any rate, within a period of four months from the date of receipt of a certified copy of thisjudgment.the writ petition is allowed as above. sd/- amit rawal judge jg appendix petitioner's exhibits p1 : true copy of judgment dated 19.3.2004 in op no.8324/1997. p2 : true copy of order dated 22.2.2005 passed by the 3rd p3 : true copy of order dated 11.4.2007 passed by the 1st p4 : true copy of appeal memorandum dated 23.5.2007. p5 : true copy of judgment in wpc 17393/2005 dated 22.8.2007. p6 : true copy of order dated 7.4.2010 of the appellate tribunal.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL FRIDAY, THE 2ND DAY OF JUNE 2023 / 12TH JYAISHTA, 1945 PETITIONER/S: 1 DR.ARAVINDAN, PROPRIETOR, M/S.ARAVIND MEDICAL CENTRE, CHAVARA, KOLLAM. (DIED, L.R IMPLEADED AS ADDL.2ND PETITIONER) *ADDL.P2 MRS.AMBIKA ARAVINDAN, W/O.LATE DR.ARAVINDAN PROPRIETOR, M/S.ARAVIND MEDICAL CENTRE, CHAVARA, KOLLAM. *ADDL.2ND PETITIONER IS IMPLEADED AS PER ORDER DATED 2.6.2023 IN I.A.NO.1/2022 SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P RESPONDENT/S: 1 ASSISTANT PROVIDENT FUND COMMISSIONER (C&R),, EMPLOYEES PROVIDENT FUND ORGANIZATION,, REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, PATTOM,, 2 THE REGIONAL PROVIDENT FUND COMMISSIONER,, BHAVISHYANIDHI BHAVAN, PATTOM,, 3 THE EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL,, NEW DELHI-110001. SRI.N.N. SUGUNAPALAN, SC, P.F. SMT.T.N.GIRIJA SCEPF ORGANISATION THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T

Against the order of the assessing authority dated 11.4.2007, Ext.P3, petitioner preferred appeal before the Tribunal as ATA No.629(7)/2007, which was dismissed in default vide order Ext.P6 dated 7.4.2010, in the following manner:

“The date of hearing was notified to the parties for hearing on admission of appeal. However, no one appeared on behalf of the appellant. It appears that the appellant is not interested to pursue the appeal. Hence ordered, the appeal is dismissed for default. Copy of order be sent to the parties and the file be consigned to record room.”

2. Learned counsel for the petitioner submitted that the petitioner did not have any chance to appear before the appellate Tribunal.

3. In view of the above, the aforementioned

order Ext.P6 dated 7.4.2010 is set aside subject to

the condition that the petitioner shall plant ten trees in the coming monsoon as costs in restoring the appeal, ATA No.629(7)/2007, to file. The appellate Tribunal, Ernakulam Bench is directed to decide the appeal, ATA No.629(7)/2007, in accordance with law, as expeditiously as possible, at any rate, within a period of four months from the date of receipt of a certified copy of this

judgment.

The writ petition is allowed as above. Sd/- AMIT RAWAL JUDGE jg APPENDIX PETITIONER'S EXHIBITS P1 : TRUE COPY OF JUDGMENT DATED 19.3.2004 IN OP NO.8324/1997. P2 : TRUE COPY OF ORDER DATED 22.2.2005 PASSED BY THE 3RD P3 : TRUE COPY OF ORDER DATED 11.4.2007 PASSED BY THE 1ST P4 : TRUE COPY OF APPEAL MEMORANDUM DATED 23.5.2007. P5 : TRUE COPY OF JUDGMENT IN WPC 17393/2005 DATED 22.8.2007. P6 : TRUE COPY OF ORDER DATED 7.4.2010 OF THE APPELLATE TRIBUNAL.

Same Court & Year Kerala · 2023 Same Parties Dr.Aravindan vs Assistant Provident Fund Commissioner & Same Judge Honourable Mr. Justice Amit Rawal