In the case of Dr Aravind Proprietor v Assistant Provident Fund Commissioner & Ors. a plea was filed by the proprietor of the Aravind Medical Centre, a private hospital in Kollam. In order to have his appeal dismissed by the EPF Appellate Tribunal in April 2010 because no one had shown up on his behalf when the case was scheduled for hearing, the petitioner filed a motion with the court. The appellate panel had noted that the appellant petitioner before the High Court did not appear to be interested in pursuing the appeal because no one attended on his behalf before the tribunal while dismissing the matter for default. The petitioner then moved a motion before the High Court asking that his case be reinstated before the appellate panel as a result of this. The petitioner’s attorney argued that he was denied the opportunity to testify before the appellate tribunal.
Analysis of Court Decision
To reinstate his case before the appeal panel considering matters involving the Employee Provident Fund (EPF), Justice Amit Rawal of the Kerala High Court single judge bench ordered a litigant to plant ten trees.
The High Court ordered the petitioner to plant 10 trees in the upcoming monsoon as fees for reviving the appeal in the court judgement giving the relief requested. The High Court further ordered the EPF Appellate Tribunal’s Ernakulam bench to reach a decision on the appeal as quickly as practicable and within 4 months.