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2020 Supreme(Ker) 344

A.M.SHAFFIQUE, GOPINATH P.
Standard Furniture (Unit Os Sudarsan Trading Co. Ltd). – Appellant
Versus
Registrar, EPF Appellate Tribunal Employees Provident Fund Appellate Tribunal – Respondent


Advocates Appeared:
For the Petitioner Sri. A.D. Ravindra Prasad, Sri. Alex Varghese
For the Respondent: Sri. Thomas Mathew Nellimoottil, Sc, P.F.

JUDGMENT :

Gopinath, J.

The appellant is the petitioner in W.P.(C)No.26211/2014. That Writ Petition was filed challenging an order dated 22.12.2009, by which an appeal filed by the appellant before the Employees' Provident Fund Appellate Tribunal was dismissed for non-prosecution. The appeal was filed challenging an order imposing damages under Section 14B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the 'Act'). Though the appellant applied for restoration of the appeal, that application was also dismissed on the ground that the said application itself was filed almost four years after the appeal was dismissed for non-prosecution. The learned Single Judge dismissed the Writ Petition noticing the fact that the appellant had earlier approached this Court through a Writ Petition numbered as W.P.(C)No.35167/2005, which was disposed of on 16.12.2005 directing that the appeal filed by the appellant shall be heard and decided by the Appellate Tribunal within four months from the date of receipt of a certified copy of the judgment and further directing that recovery proceedings shall be kept in abeyance, pending disposal of the appeal.

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