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Judgment
Murali Purushothaman, J
The petitioner is a Training College under the SNDP Yogam and is a public charitable organization. The petitioner has filed this writ petition aggrieved by Ext.P4 prohibitory order issued by the 3rd respondent under Section 8(F)(3)(i) of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (for short 'the Act').
Ext.P1 is the order passed by the 1st respondent under Section 14B of the Act, imposing damages for belated remittance of contribution towards provident fund. Since the amounts were not paid, Ext.P4 prohibitory order was issued.
Against Ext.P1, the petitioner has preferred Ext.P3 appeal under Section 7B of the Act before the Provident Fund Appellate Tribunal, New Delhi. Contending that Ext.P4 was issued during the pendency of the appeal, this writ petition is filed. This Court, by order dated 26.06.2015, stayed Ext.P4.
The learned Standing Counsel for the Provident Fund Organization submits that the appeal which was filed before the Appellate Tribunal, New Delhi was transferred to the Central Government Industrial Tribunal-cum- Labour Court, Ernakulam on its constitution. It is further submitted that Ext.P3 appeal was renumbered as Appeal No.256/2019, and was disposed of by the Tribunal, Ernakulam on 12.03.2021.
In view of the said submission, Ext.P4 prohibitory order under Section 8(F)(3)(i) of the Act cannot survive. Accordingly, the writ petition is disposed of leaving open the rights of the parties.