IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 32587 of 2007(D)
1. TOUR INDIA HOLIDAYS (P) LIMITED,
... Petitioner
Vs
1. THE ASSISTANT PROVIDENT FUND
... Respondent
2. THE EMPLOYEES PROVIDENT FUND APPELLATE
For Petitioner :SRI.P.RAMAKRISHNAN
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :02/11/2007
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)No. 32587 OF 2007
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Dated this the 2nd day of November, 2007
JUDGMENT
Heard the learned counsel for the petitioner as also the
learned standing counsel appearing for the Provident Fund
Organisation. The petitioner is challenging Ext.P4 order of the
Employees Provident Fund Appellate Tribunal whereby the
Tribunal has directed the petitioner to pay 50% of the disputed
amount involved in the appeal before it, as a condition for
dispensing with pre-deposit of the amount demanded by the
impugned order as provided under Section 70 of the Employees
Provident Funds and Miscellaneous Provisions Act. I am not
satisfied that the Tribunal has exercised its discretion improperly.
However, taking into account the financial difficulties projected
before me by the petitioner, I direct that if the petitioner pays an
amount of Rs.2.5 lakhs instead of 50% of the amount as directed
in Ext.P4, it would be taken as sufficient for the purpose of
dispensing with the pre-deposit of the amount as provided under
W.P.(c) No.32587/07 2
Section 70. This shall be done within one month from the date
of receipt of a copy of this judgment. On producing proof of
payment of the same, the Tribunal shall consider the appeal on
merits.
The writ petition is disposed of as above.
S. SIRI JAGAN, JUDGE
Acd
W.P.(c) No.32587/07 3