Muthoot Commodities Limited vs Employees Provident Fund Appellate Tribunal Core-2

Thottathil B. Radhakrishnan, J.—Heard.

This intra-court appeal is against the decision of the learned single Judge refusing to interfere with an order of remand made by the Employees Provident Fund Appellate Tribunal. The dispute relates to the question as to whether different components of payments made to the employees by the establishment would fall within the term ''basic wages'' as defined u/s 2(b) of the Employees Provident Fund & Miscellaneous Provisions Act, 1952. We have considered the contents of the impugned judgment rendered in jurisdiction under Article 226 of the Constitution of India vis-a-vis the open remand made by the Appellate Tribunal, as viewed by the learned single Judge, in the light of the arguments advanced on behalf of the appellant-establishment. We think that the learned single Judge was justified in saying that the Tribunal had not decided any issue but had only made sketchy statements regarding the facts and had also referred to provisions of law. Obviously therefore, there is no observation in Ext. P6 decision of the Appellate Tribunal which could be treated as one that could stand in the way of the authority of the first instance deciding the matter untrammelled by anything stated in the order of the Appellate Tribunal. The learned single Judge had also understood the order of the Appellate Tribunal in that manner. We, therefore, do not find any ground to interfere with the decision of the learned single Judge in this intra-court appeal u/s 5 of the Kerala High Court Act. This writ appeal, therefore, fails.

In the result, this writ appeal is dismissed in limine.