THE ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, SUB REGIONAL OFFICE, 36/685 A, BHAVISHYA NIDHI BHAVAN, P.B. 1895, KALOOR, COCHIN Vs. M/S VEGETABLE AND FRUIT PROMOTION COUNCIL, MYTHIR BHAVAN, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, P.B. NO. 5402, KAKKANAD, KOCHI

JUDGEMENT

(1.) The Assistant Provident Fund Commissioner, Employees Provident Fund Organization, is in appeal challenging the judgment dated 8.6.2016 of the learned Single Judge allowing W.P.(C).19100 of 2005.

(2.) The main contention that is put forward before us is that another writ petition filed by the appellant herein, W.P.(C).30222 of 2005, is still pending before the learned Single Judge. It is pointed out that, the learned Single Judge has relied upon the very finding of the Appellate Authority under the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (for short "the Act"), which is under challenge in the writ petition filed by the appellant. It was on the basis of the said finding that the judgment appealed against has been rendered. Therefore according to the learned counsel, it is only appropriate that both the writ petitions are considered together and disposed of. For that purpose, it is contended that, it is necessary to remit the matter to the learned Single Judge.

(3.) Adv. A.N. Rajan Babu appears for the respondent and we heard the learned counsel.