Kerala High Court Restores Appeal Before EPF Appellate Tribunal, Asks Petitioner To Plant 10 Trees As Cost

The Kerala High Court recently restored an appeal before the Employees Provident Fund Appellate Tribunal on the condition that the petitioner will plant ten trees in the coming monsoon as costs towards restoration.

A single bench of Justice Amit Rawal passed the order while considering a plea filed by the proprietor of Aravind Medical Centre, a private hospital in Kollam, challenging the order of the Employees Provident Fund Appellate Tribunal, which had dismissed the petitioner’s appeal for default.

The Appellate Tribunal passed the following order in 2010 in an appeal filed by the Petitioner against the order of the Assistant Provident Fund Commissioner:

“The date of hearing was notified to the parties for hearing on admission of appeal. However, no one appeared on behalf of the appellant. It appears that the appellant is not interested to pursue the appeal. Hence ordered, the appeal is dismissed for default.”

While considering the plea of the petitioner to set aside the order of dismissal by the Appellate Tribunal and restore the appeal to file, the Court directed:

“..the aforementioned order Ext.P6 dated 7.4.2010 is set aside subject to the condition that the petitioner shall plant ten trees in the coming monsoon as costs in restoring the appeal, ATA No.629(7)/2007, to file. “

The court also directed the Tribunal to decide the appeal within a period of four months.

Case Title: Dr. Aravindan V. Assistant Provident Fund Commissioner

Click here to read/download order