Dismissed

Keya Foods International Pvt. Ltd. v. Assistant Provident Fund Commissioner

Kerala HC3 Mar 2021WA/195/2021

Case brief

AI extract

What is this about?

This writ appeal request leave for the petitioner to withdraw the underlying Writ Petition to enable a fresh challenge against a different appellate order. The High Court of Kerala at Ernakulam granted leave for withdrawal and dismissed the present appeal. All contentions regarding the underlying orders were left open for future proceedings.

What did the court decide?

Leave granted to withdraw the underlying Writ Petition with liberty to challenge Ext.P-4; the Writ Appeal was dismissed as withdrawn.

Keya Foods International Pvt. Ltd. Vs Assistant… — Service and Employment | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

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THE HONOURABLE MR.JUSTICE K. BABU

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WEDNESDAY, THE 03RD DAY OF MARCH 2021 / 12TH PHALGUNA, 1942

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WA.No.195 OF 2021

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AGAINST THE JUDGMENT DATED 01.06.2020 IN WP(C) 10669/2020(G) OF HIGH COURT OF KERALA

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APPELLANT/PETITIONER:

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M/S KEYA FOODS INTERNATIONAL PVT. LTD KUTHIYATHODE, THURAVOOR P.O., ALAPPUZHA-688532, REPRESENTED BY ITS DIRECTOR.

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BY ADVS. SRI.A.JAYASANKAR SRI.MANU GOVIND SRI.RAHUL SURENDRAN

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RESPONDENTS/RESPONDENTS:

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1 ASSISTANT PROVIDENT FUND COMMISSIONER KOCHI, EMPLOYEES PROVIDENT FUND ORGANISATION, REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, KALOOR, KOCHI-682 017.

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2 THE RECOVERY OFFICER EMPLOYEES PROVIDENT FUND ORGANISATION, REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, KALOOR, KOCHI-682 017.

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3 THE PRESIDING OFFICER THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, ERNAKULAM.

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R1-R2 BY ADV. SMT.NITHA.N.S,STANDING COUNSEL EPFO(B/O) R1-R2 BY ADV. SRI.S.PRASANTH

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THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 03.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.A No.195 of 2021

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ALEXANDER THOMAS & K.BABU, JJ.

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===========================

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W.A No.195 of 2021

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[ arising out of the judgment dated 01.06.2020 in W.P(C) No.10669/2020 ]

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===========================

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Dated this the 03^rd day of March, 2021

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JUDGMENT

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ALEXANDER THOMAS, J.

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The above writ appeal has been filed by the unsuccessful petitioner in Writ Petition (Civil), W.P(C)No.10669/2020, so as to impugn the judgment dated 01.06.2020 rendered by the learned Single Judge of this Court, whereby the said W.P(C) has been dismissed.

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Heard Sri.A.Jayasankar, learned counsel appearing for the writ appellant/writ petitioner & Sri.S.Prasanth, learned Standing Counsel for the Employees Provident Fund Organization (EPFO) appearing for respondent Nos.1 & 2 in the W.A/R1 & R2 in the W.P(C). Since R3 is the Industrial Tribunal/Labour Court concerned, notice to R3 will stand dispensed with.

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When the matter has been taken up for consideration, Sri.A.Jayasankar, learned counsel appearing for the writ appellant/writ petitioner would submit on the basis of instructions of his party that

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W.A No.195 of 2021

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the writ appellant has been advised to make a separate challenge as against Ext.P-4 appellate order as well and since there was no challenge as against Ext.P-4 in the W.P(C), leave may be granted to the writ appellant to withdraw the Writ Petition (Civil), so as to file a fresh Writ Petition (Civil), in order to make a comprehensive challenge not only as against Ext.P-1 order but also as against Ext.P-4 appellate order and that the above W.P(C) may be dismissed as withdrawn with the said liberty and the appeal may be closed on that basis.

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In the light of the limited submission made by the appellant, it is ordered that leave is accorded to the writ appellant to withdraw the Writ Petition (Civil), W.P(C)No.10669/2020 and with liberty to invoke his remedies, in the manner known to law, so as to challenge Ext.P-4 as well and hence, the impugned judgment dated 01.06.2020 rendered by the learned Single Judge in W.P(C)No.10669/2020 will stand set aside and consequently, the above Writ Petition (Civil) will stand dismissed as withdrawn with the said liberty. However, it is made clear that the contentions on both sides are fully left open and this judgment by itself will not in any manner prejudice any or all of the contentions that are available in law to the respondents herein.

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W.A No.195 of 2021

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Needless to say, all issues are thus left open, raised and decided in appropriate proceedings, in the manner known to law.

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With these observations and directions, the above Writ Appeal will stand disposed of.

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Sd/ALEXANDER THOMAS, JUDGE

Sd/K.BABU, JUDGE

vgd

W.A No.195 of 2021

APPENDIX

PETITIONER'S/S EXHIBITS:

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ANNEXURE A1	TRUE COPY OF	THE	ORDER
	NO.KR/KCH/24816/RECOVERY	CELL	/2020-21-
	6221 DATED 31.12.2020 APPELLANT.	ISSUED	TO THE
ANNEXURE A2	TRUE COPY OF	THE	ORDER
	NO.KR/KCH/24816/RECOVERY	CEL	L/2020-21
	DATED 31.12.2020 ISSUED T	O THE H	DFC BANK.

Keya Foods International Pvt. Ltd. v. Assistant Provident Fund Commissioner

Case brief

What is this about?

What did the court decide?

Keya Foods International Pvt. Ltd. v. Assistant Provident Fund Commissioner

Case brief

What is this about?

What did the court decide?

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