High Court Kerala High Court

St.Vincent English Medium School vs Assistant Provident Fund … on 11 December, 2008

Kerala High Court
St.Vincent English Medium School vs Assistant Provident Fund … on 11 December, 2008
       

  

  

 
 
  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.
                   -------------------------------
                    WP(C).NO. 36480 of 2008
                  ---------------------------------
        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

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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/

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