Kerala High Court
The Assistant Provident Fund ... vs West Coast Petroleum Agency on 12 January, 2012
Author: C.N. Ramachandran Nair
Bench: C.N.Ramachandran Nair, C.K.Abdul Rehim
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.N.RAMACHANDRAN NAIR
&
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
MONDAY, THE 11TH DAY OF JUNE 2012/21ST JYAISHTA 1934
WA.No. 813 of 2012 () IN WPC/32393/2011
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AGAINST THE ORDER/JUDGMENT IN WPC.NO.32393/2011 DATED 12-01-2012
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APPELLANT/PETITIONER :
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THE ASSISTANT PROVIDENT FUND COMMISSIONER,
EMPLOYEES PROVIDENT FUND ORGANISATION,
BHAVISHYANIDHI BHAVAN, ERANHIPALAM P.O.,
KOZHIKODE DISTRICT, KERALA.
BY SRI.N.N.SUGUNAPALAN (SR.)
BY ADV.SRI.THOMAS MATHEW NELLIMOOTTIL,SC, P.F.
RESPONDENT(S)/RESPONDENTS:
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1. WEST COAST PETROLEUM AGENCY,
REP. BY ITS MANAGING PARTNER,
MR.P.KOYAKKUTTY, ADHOC DEALER OF HPCL, CHELEMBRA,
MALAPPURAM DISTRICT,KERALA.
2. HINDUSTAN PETROLEUM CO.LTD.,
POST BOX NO.1601, TATAPURAM P.O., ERNAKULAM,
REP. BY ITS SENIOR REGIONAL MANAGER.
3. EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL,
REPRESENTED BY ITS REGISTRAR, SCOPE MINAR,4TH FLOOR,
CORE-2, LAXMI NAGAR, DELHI - 110 092.
R2 BY ADV.SRI.E.K.NANDAKUMAR
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11-06-2012,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
C.N. RAMACHANDRAN NAIR, J.
&
C.K. ABDUL REHIM, J.
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W.A. No. 813 OF 2012
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DATED THIS THE 11th DAY OF JUNE, 2012
J U D G M E N T
Ramachandran Nair, J:
The question raised is whether the Adjudicating officer can challenge the Tribunal's order reversing the findings in the adjudication. Senior counsel Sri. Sugunapalan appearing for appellants submitted that the respondents while filing appeal before the Tribunal impleaded only the Adjudicating officer as respondent in the party array and consequently he happened to challenge the Tribunal's order before the single judge. Senior counsel Sri. Nandakumar appearing for 2nd respondent submitted that single judge's judgment is rendered following decision of the hon'ble supreme court on the same issue and so much so there is no scope for interference by this court.
2. After hearing both sides what we notice is that on technicality Tribunal's order stands confirmed by judgment W.A No.813/2012 -2- of the single Judge. We make it clear that the Adjudicating Officer is not competent to challenge the order of the Tribunal. It is open to the aggrieved party (appellant) to file review under leave or file fresh writ petition challenging the order of the Tribunal before the single Judge, if so advised. We dismiss the writ appeal with the above observation.
Sd/-
C.N. RAMACHANDRAN NAIR, JUDGE.
Sd/-
C.K. ABDUL REHIM, JUDGE.
AMG True copy P.A to Judge