IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 36480 of 2008(P)
1. ST.VINCENT ENGLISH MEDIUM SCHOOL, PALAI,
... Petitioner
Vs
1. ASSISTANT PROVIDENT FUND COMMISSIONER,
... Respondent
2. THE SECRETARY, MINISTRY OF LABOUR,
For Petitioner :SRI.TOM JOSE (PADINJAREKARA)
For Respondent :SRI.JOY THATTIL ITOOP, SC, EPF ORGANISA
The Hon'ble MR. Justice V.GIRI
Dated :11/12/2008
O R D E R
V. GIRI, J.
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WP(C).NO. 36480 of 2008
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Dated this the 11th day of December, 2008.
JUDGMENT
By Ext.P1, the Assistant Provident Fund Commissioner
passed an order levying damages and by Ext.P2, the first
respondent passed an order demanding the petitioner to pay
interest for the period of default.
2. Ext.P1 order is appealable before the Tribunal and in so
far as the levy of interest under Ext.P2 is concerned, it runs by
operation of law under section 7Q of the Employees Provident
Fund and Miscellaneous Provisions Act. There are no grounds to
interfere Ext.P2. The petitioner sought for review of Exts.P1 and
P2 by applications under section 7B of the Act. This has been
rejected as per Ext.P9. Ext.P9 is not maintainable as is evident
from section 7B of the Act. The right of review is available only
in relation to the order passed under section 7A of the Act.
Ext.P9 is not liable to be interfered with. The remedy of the
petitioner vis-a-vis to Ext.P1 lies under section 7Q of the Act.
3. I heard learned counsel for the petitioner and the
WPC. 36480/2008 2
learned Standing Counsel for the Provident Fund Commissioner.
4. If the petitioner prefers an appeal against Ext.P1 within
six weeks from today, the appellate Tribunal shall treat the same
as within time. Further enforcement of Ext.P1 and P2 shall be
kept in abeyance for a period of two months from today and
thereafter it shall abide by any interim orders the appellate
Tribunal may pass.
V. GIRI, JUDGE.
Pmn/ WPC. 36480/2008 3