Law Going Green: Plant 10 Trees As Cost Of Restoring Plea, Kerala HC Tells Petitioner

Ordering an unusual penalty on a petitioner for not appearing for hearings and yet seeking restoration of his appeal in a case, the Kerala High Court has said it would restore the plea if the petitioner planted 10 trees in lieu of the costs.

Thirteen years after a private hospital owner's appeal against an EPFO order was dismissed by the EPF appellate tribunal for non-appearance, the Kerala High Court restored the plea subject to the condition that the medical centre's current proprietor plant 10 trees as cost for the same.

The High Court set aside the 2010 decision of the Employees Provident Fund (EPF) Appellate Tribunal after the current proprietor of the hospital claimed they did not get a chance to appear before it back then.

The tribunal in its order had said, "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 in pursuing the appeal. Hence ordered, the appeal is dismissed for default."

The hospital owner had moved the High Court against the tribunal's order in 2011.

While the matter was pending in the High Court, the owner of the hospital had died and his wife was impleaded as a petitioner in place of him.

After being listed on 10 dates, the High Court on June 2 set aside the tribunal's decision and restored the hospital owner's appeal.

"... the aforementioned order dated April 7, 2010 is set aside subject to the condition that the petitioner shall plant 10 trees in the coming monsoon as costs in restoring the appeal to file.

"The appellate tribunal, Ernakulam Bench, is directed to decide the appeal in accordance with law, as expeditiously as possible, at any rate, within a period of four months from the date of receipt of a certified copy of this judgment." the high court said.

The 2010 decision of the tribunal had come in an appeal moved in 2007 by the hospital owner against an order of the Assistant Provident Fund Commissioner (C&R), Employees Provident Fund Organisation.

-With PTI Input