Antony Dominic, J. This appeal is filed against the judgment in WP(C) No.29698/10, which was filed by the appellants herein, mainly challenging Ext.P2 Government Order dated 19th of June, 2006 granting exemption under Section 17(1C) to the employees of the Primary Co-operative Societies from the purview of the Employees' Provident Funds and Miscellaneous Provisions Act and the schemes framed therein. By the judgment under appeal, the learned single Judge dismissed the writ petition and therefore this appeal is filed.
2. The appellants have filed affidavit dated 9th of June, 2014 relying on Annexure 1 order issued by the Government of Kerala on 27th of April, 2009 and Annexure 2 order issued by the Kerala State Co-operative Employees Pension Board on 27/3/12 which according to them clarify that they are not covered by the scheme administered by the Kerala State Co-operative Pension Board and that they are still covered by the EPF Scheme. The WA NO.646/12 : 2 :
appellants state that when the writ petition was filed, they were unaware of the Government Order dated 27th of April, 2009 and now as the position is clarified as above, they seek permission of this Court to withdraw the writ petition itself.
This prayer now made by the appellants is not opposed by any one of the respondents. In view of the above, this writ appeal is disposed of permitting the appellants/petitioners to withdraw WP(C) No.29698/10 and setting aside the judgment dismissing the same. It is clarified that it will be open to the appellants to move afresh including the filing of a fresh writ petition, if they are still aggrieved.
Rp //True Copy// PA to Judge Sd/-
ANTONY DOMINIC JUDGE Sd/-
ALEXANDER THOMAS JUDGE