Kerala High Court
M/S.Rajagopal Textile Mills Private ... vs The Regional Provident Fund ... on 12 May, 2009
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:-
THE HON'BLE THE CHIEF JUSTICE MRS. MANJULA CHELLUR
&
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
THURSDAY, THE 31ST DAY OF JANUARY 2013/11TH MAGHA 1934
W.A.No.1066 of 2009
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AGAINST THE JUDGMENT IN W.P.(C).NO.13448/2009 DATED 12-05-2009.
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APPELLANT/ PETITIONER:-
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M/S.RAJAGOPAL TEXTILE MILLS PRIVATE LTD.,
P.B.NO.404, MULAKUNNATHUKAVU, THRISSUR,
REPRESENTED BY ITS JOINT MANAGING DIRECTOR.
BY ADVS.SRI.DEVAN RAMACHANDRAN
SRI.K.M.ANEESH.
RESPONDENTS/ RESPONDENTS:-
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1. THE REGIONAL PROVIDENT FUND COMMISSIONER,
BHAVISHYAINDHI BHAVAN, P.B.NO.1895, KALOOR, KOCHI.
2. THE ASSISTANT PROVIDENT FUND
COMMISSIONER AND RECOVERY OFFICER,
EMPLOYEES PROVIDENT FUND ORGANISATION,
BHAVISHYAINIDHIBHAVAN, P.B.NO.1895, KALOOR, KOCHI.
3. RAJAGOPAL TEXTILE MILLS LABOUR UNION (CITU),
MULAKUNNATHUKAVU, THRISSUR,
REPRESENTED BY ITS SECRETARY.
4. RAJAGOPAL TEXTILE MILLS WORKERS CONGRESS (INTUC),
MULAKUNNATHUKAVU, THRISSUR,
REPRESENTED BY ITS PRESIDENT.
5. RAJAGOPAL TEXTILE MILLS STAF UNION,
MULANKUNNATHUKAVU, THRISSUR,
REPRESENTED BY ITS PRESIDENT.
R1 & R2 STANDING COUNSEL SRI.GOPAKUMARAN NAIR.
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 31-01-2013,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:-
Manjula Chellur, C.J. &
K.Vinod Chandran, J.
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W.A.No.1066 of 2009
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Dated this, the 31st day of January, 2013
JUDGMENT
K.Vinod Chandran,J.
The appellant is aggrieved by the dismissal of the writ petition as being bereft of merits.
2. The appellant, in the instant writ petition, challenged the proceedings for sale of properties initiated by the Employees' Provident Fund Organization. The learned Single Judge noticed that the very same challenge was made in an earlier writ petition, numbered as W.P.(C).No.31256 of 2008, wherein directions were issued to the respondents to keep in abeyance the sale proceedings for recovery of an mount of Rs.9,34,824/-, on condition that the appellant/writ petitioner satisfies the same as per the instalments granted by the Court. The conditions for payment in instalments granted in the said judgment were not complied with. It is the very same proceedings that was again W.A.No.1066/2009 - 2 - challenged in the present writ petition. We find absolutely no ground to interfere with the findings of the learned Single Judge that the writ petition was bereft of merits.
The appeal is dismissed, however, with no order as to costs.
Sd/-
Manjula Chellur, Chief Justice Sd/-
K.Vinod Chandran,
vku/ Judge.
- true copy -